NASCAR (Former) Commissioner's Texting Moment

By Richard Lehr - Lehr Middlebrooks Vreeland & Thompson, P.C.

January 16, 2026

Email and texts can become “evidence mail” or “embarrassing mail,” an important lesson and reminder to supervisors, managers and all leadership team members. NASCAR was defending an anti-trust lawsuit filed in October 2024 by Michael Jordan (yes, the former Chicago Bull, Washington Wizard and Birmingham Baron) and his 23XI Racing Team, claiming that NASCAR’s charter system and contracts with racing teams violated anti-trust laws.  During the course of the trial, texts from NASCAR Commissioner Steve Phelps helped pave the way for a lawsuit settlement and his termination of employment.

Phelps in a text called one owner a “stupid redneck” who “needs to be taken out back and flogged.” Phelps also called this owner, the legendary Richard Childress, a “total ass clown.” Major NASCAR supporters called for Phelps’ termination from his $5 million annual salary employment, which occurred within a week after the texts were made public.

There is no such thing as “off the record” or “just between us” regarding email and text messages. Such communications are not electronic therapy or an appropriate outlet to vent. A general principle to follow is type/text what you know, speak what you think. Write facts, speak opinions. As stated by our second President, John Adams, “Facts are stubborn things.”

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