Roy Lewis Lawsuit

Lewis et al v. American Stock Car Tour, Inc., et al, commonly known as the Roy Lewis Lawsuit, was an American lawsuit between a group of nine black race car drivers, led by Roy Lewis, and the American Stock Car Tour, owned by Buster Andrews and Len Fox. Lewis contended that the American Stock Car Tour and its constituent teams and promoters conspired to prevent black drivers from participating in the series and violated civil rights legislation. Schuyler Stewart represented Lewis in the suit.

The suit was filed at the United States District Court for the Northern District of Georgia (N.D. Ga.) in 1971, and settled in January 1972. The settlement resulted in a financial settlement for the drivers, the ousting of ASCT board members, and federal oversight of the series for two years. Ultimately, the public relations fallout from the lawsuit drove the series into financial ruin, which led to its purchase by the National Stock Car Series in late 1975.

Background

The American Stock Car Tour (ASCT) was a regional American stock car racing series established in 1956 by Buster Andrews, which soon established itself as a powerhouse in the Southeastern United States; its reach would eventually stretch as far north as New Jersey and as far west as Texas. It was sometimes colloquially referred to as the "Dixieland Racing Series", and soon developed a rivalry with the National Stock Car Series (NSCS), which was established in the Northeastern United States but ran races nationwide. While the NSCS was evolving away from its grassroots origins into a professional racing organization, the ASCT began attracting defectors from the former series. Many of the teams and promoters involved in the ASCT were privately opposed to the Civil Rights Movement, and while black drivers commonly entered NSCS races, they were seldom seen on ASCT grids.

Roy Lewis was 26 years old when he started racing in 1966; Lewis was an auto mechanic in his hometown of Florence, South Carolina. Lewis began racing at local races sanctioned by the NSCS, and while he experienced racist taunts from the crowds, NSCS officials were welcoming and ensured Lewis was treated the same as white drivers. As promoters began leaving the NSCS for the ASCT, Lewis began finding himself subjected to more overt racism; he recalled several incidents where track officials wouldn't let him race, telling him that he could own the car, but a white man had to drive it.

Schuyler Stewart was a former driver and civil rights activist who took on many civil rights cases in Upstate New York, and took part in both the Freedom Rides and the marches on Montgomery and Washington. He met Lewis at a race in Georgia in 1966, and the two remained in contact for years.

The other eight drivers named as plaintiffs in the suit were: Vernon Forrester, Ike Jefferson, Bruce Turner, James Howard, Ron Gibson, Lafayette Anderson, George Asher, and Marcus Silver.

Legal Arguments

Plaintiff

Stewart argued that the series officials, including president Buster Andrews, conspired with track promoters and team owners to prevent the participation of black drivers in the series in a direct violation of the Civil Rights Act. His argument relied on several key points:

• Motorsports sanctioning bodies had a duty to enforce civil rights protections among its constituent teams, similar to how Major League Baseball and the National Football League were required to do so for their sports.
• ASCT officials and track promoters, along with a significant portion of owners, acted as a cartel to enforce an atmosphere that was hostile to the participation of black drivers.
• The tracks' sudden de facto ban of black drivers was solely a result of the sanctioning body; Stewart cited several tracks that had banned black drivers which had done so solely after switching from the NSCS to the ASCT.
• The ban of black drivers was not, as the series officials claimed it, at the discretion of the teams and promoters, but in fact a policy at the very top of the organization. On this point, Stewart presented testimony from several key witnesses:
  • Emma Mae Fitzgerald. Fitzgerald was Andrews' secretary for many years, and took detailed notes of all meetings and correspondence throughout her tenure. She testified that Andrews personally assured multiple promoters looking to defect from the NSCS that "the [ASCT] would not allow Negroes into the garage, nor anywhere outside of the snack bar," producing several notes and memos to that effect.
  • Benjamin Wilcox. Wilcox was the official in charge of approving driver applications from 1964 through 1967. His testimony included notes from a 1966 meeting where he was reprimanded for approving four black drivers' applications. He further testified that he was fired in 1967 after refusing to block black applicants who were otherwise qualified.
  • Team owners Russ Markland, P.J. Knight, and Harry Cortland. The owners' testimony was considered the most damning after Fitzgerald's, as it confirmed he racist atmosphere within both the garage and behind-the-scenes. Markland, who defected to the series solely because it continued to run dirt races, described an atmosphere where black drivers were treated as a nuisance, and white drivers were openly encouraged to wreck them. He further described several instances of teams placing bounties on particular black drivers, as well as threats of violence toward teams who associated with them. Knight and Cortland corroborated Markland's account, but stated their agreement that "Negroes have no place in the white man's world of motor sport."

Defense

Lawyers for the ASCT hinged their defense on three main points:

• The teams are independent contractors who race with permission of the sanctioning body; given that the sanctioning body does not directly own the teams, it can not be held liable for their actions.
• The actions of teams and track promoters do not constitute a conspiracy, and the sanctioning body is not liable for them.
• Witnesses Fitzgerald, Wilcox, and Markland had personal reasons for taking part in the lawsuit; Fitzgerald and Wilcox wanted revenge on the series for their dismissal - for, as the series claimed, performance reasons - and Markland wanted to better his financial position at the expense of other teams.

Results

Decision

The district court ruled unanimously in favor of Lewis and the plaintiffs, stating outright the argument that the sanctioning bodies are not responsible for the actions of their constituent teams is not a legal reality. On this note, the three-judge panel declared that "the notion that a corporation would not be responsible for the actions of those it supervises and approves is rejected." The panel further declared that, in spite of the arguments presented by the defense, "the actions of the teams and promoters do constitute the actions of a criminal conspiracy, one backed with the explicit, de facto approval by the sanctioning body, forming the framework of an anti-black motorsports cartel."

Precedent

The lawsuit solidified the legal framework that, although teams were independent contractors operating under a motorsports sanctioning body, the sanctioning body was responsible for ensuring that teams and promoters do not violate federal law when it comes to civil rights. The District Court specifically stated that "although sanctioning bodies have a responsibility to ensure their constituent teams are obeying the law with respect to civil rights, the same is not expected with respect to other legal operating requirements - such as those of a financial nature". This decision would have ramifications years later during the Olivanti Motorsports scandal.

Settlement

The amount of the settlement that the group of drivers received has never been publicly disclosed. The most popularly cited figure is $2.5 million USD, which would amount to roughly $278,000 each.

Fallout

The lawsuit had devastating effects for the American Stock Car Tour, its teams, and its promoters.

Stafford Race Engineering, the most prominent team racing solely in the ASCT (a move it made in 1969 after the removal of dirt tracks from the NSCS schedule) withdrew from the series after the conclusion of the 1972 season, citing the lawsuit and pressure from sponsors; the Staffords ran in the NSCS full-time for the first time in four years. Russ Markland and his team followed suit shortly after.

Removal of ASCT Board Members

On February 2, 1972, weeks after the verdict was issued, the ASCT executive board met in Marietta, Georgia. During what was described by all involved as a "contentious and emotionally-charged series of meetings", Buster Andrews announced that he was leaving the company at the end of the month. He named Len Fox the acting CEO and completely divested himself financially from the business by the end of 1973. Fox's elevation to CEO was seen by many as a peace offering to the federal government: Fox had been noted by both sides of being a vocal critic of the treatment of black drivers and fans, and had himself sought to protect employees who would go against the then-unspoken policies of the majority.

With Fox as the new interim-CEO, several board members loyal to Andrews resigned their positions, intending to force Fox out of his role. These included:

• Preston Wilkes
• George Broward
• Gene Walsh
• Joseph Rollins

Fox, remaining as CEO, accepted their resignations and removed several other board members in addition to those who resigned. He recruited new board members from regional businesses (particularly those who had been prominent in the civil rights movement), and made the bold step of naming Freddy Jones as the first black board member of a motorsports organization.

Federal Oversight

As part of the settlement, the ASCT had to agree to federal oversight for a period of at least two years in order to continue operations. The sanctioning body, promoters, and teams would all be subject to oversight from top-to-bottom, including discussion of hiring practices and recruitment. Several tracks fired their promoters, many of whom were cited in the lawsuit, in order to comply with federal regulators.

Federal regulators identified several immediate "areas of reform or improvement" for the series, and through their tenure worked with ASCT officials on them:

• The process of applying for a racing license in the series was deemed severely prejudicial against non-white drivers
• The sanctioning body left the payment of race winnings to the promoter, leading to promoters refusing payment to non-white drivers
• Preferential treatment of promoters who displayed openly racist attitudes
• Bounties against black drivers were a common, and widely accepted, practice among series regulars; these bounties were well-known enough to drive betting in the grandstands

The series exited federal regulation prior to the 1974 season.

Financial Impact

The financial fallout of the lawsuit extended far beyond the settlement paid to Lewis and the other eight drivers. The lawsuit was viewed as nothing short of a public relations nightmare by all defendants, and major sponsors refused to do business with the series or many of its teams.

With its revenue base massively reduced in 1972 (compared to 1971), the series cancelled multiple races due to low entry lists and lack of funding from promoters. When the 1973 schedule was released, many of the smaller tracks that had been the backbone of the series were dropped, and the schedule as a whole dropped from 40 races to only 19. Many teams could not afford to continue operations with a reduced schedule, further reducing the car count for 1974.

Impact on Teams

Team owners felt the most immediate impact: with corporate sponsorship becoming more important to financing racing operations, many of the teams named in the lawsuit lost lucrative sponsorship deals. Coupled with reduced payouts and a shrinking schedule, many teams were forced to scale back or entirely suspend operations. Among the affected teams were:

Team	Owner	Impact
Argyle Racing Team	James Gray	Closed operations in mid-1974 after failing to secure sponsorship.
Blake Motorsports	Andrew Blake	Closed operations with three races remaining in 1973 season after failing to secure additional funding.
Butch Jackson Racing	Butch Jackson	Closed team prior to 1972 season after refusing to submit to federal oversight.
CJR Racing South	Curtis Roland	Withdrew from series, citing concerns of major sponsor STP, prior to 1972 season; stock car racing program absorbed into Champ Car and endurance racing teams.
Cortland Race Team	Harry Cortland	Loss of major sponsor Budweiser. Sold to Louis Keaton at the end of 1972, closed operations in 1974.
Gary Dubois Motorsports	Gary Dubois	Closed operations in 1974 following a significant fine in 1973 for failing to comply with federal oversight.
Graham Racing Team	Gus Graham	Closed operations in 1973 after failing to secure new sponsorship, citing the lawsuit as a driving factor.
Henderson Engineering	John Henderson	Closed ASCT team prior to the start of the 1972 season, citing sponsor concerns; team absorbed into NSCS operations. Rejoined the revived ASCT in 1998.
Knight Motorsports	P.J. Knight	Loss of major sponsor Fina, closed operations after running mostly unsponsored for the 1973 season
Markland Motorsports	Russ Markland	Defected to the National Stock Car Series, citing difficulty attracting sponsorship. Closed in 1977
Pat Russell Racing	Pat Russell	Withdrew from the series following the 1972 season, citing "disagreements with the change of direction of the series"
Stafford Race Engineering	Peter and Jimmy Stafford	Defected to the National Stock Car Series under pressure from major sponsors Dairy Queen and Pontiac.
Thompson Brothers Racing	Amos and George Thompson	Closed ASCT team in 1973 citing concerns of primary sponsors L&M Tobacco and Dodge; team absorbed into NSCS operations

Tracks

While the teams felt the most immediate impact, the impact to the tracks would not be felt until years later. Several of the tracks on the schedule, particularly the dirt tracks, relied heavily on the American Stock Car Tour dates to remain financially solvent. When the series folded after the 1976 season, these tracks lost their most significant source of income and were eventually sold or forced to close. These included:

Track	Location	State	Type	Length	Surface	Opened	Closed	Notes
Beltsville Speedway	Laurel	Maryland	Oval	1/2 mile	Paved	1965	1978	Also known as Baltimore-Washington Speedway
Dallas-Fort Worth Speedbowl	Dallas	Texas	Oval	1/2 mile	Dirt	1956	1977	Relied heavily on revenue from ASCT races; sold to land developers after 1977 racing season was completed.
Flemington Speedway	Flemington	New Jersey	Oval	5/8 mile	Dirt	1915	2002	The track was able to survive the late 1970's and 1980's with sprint car and local racing, but fell into financial hardship. Paved in 1990 to attract the World Stock Car Championship, which returned until the track closed in 2002.
Islip Speedway	Islip	New York	Oval	1/5 mile	Dirt	1947	1984	Relied heavily on revenue from ASCT race dates to remain financially solvent.
Lakewood Speedway	Atlanta	Georgia	Oval	1.000 mile	Dirt	1917	1979	The ASCT was the only major series holding races at Lakewood, with the NSCS and several others having moved to nearby Atlanta Motor Speedway.
Trenton Speedway	Trenton	New Jersey	Dog-leg oval	1.5 mile	Asphalt	1969	1980	The track was entirely dependent on the ASCT to remain financially solvent. The track held races in 1978 and 1979 for the World Stock Car Championship, but was sold along with the Fairgrounds after years of financial strain.

Plaintiffs

While Roy Lewis went on to race in the World Stock Car Championship until injuries forced him to retire in 1977, most of his co-plaintiffs had already left motorsports by the time the lawsuit was settled.

Most notably, authorities in Knoxville, Iowa believe the lawsuit was the primary motive for the 1975 murder of George Asher, who was found unconscious and severely beaten outside of Knoxville Raceway on the morning August 14, 1975, after a race the previous night. Asher remained in a coma for five months before dying of his injuries; in 2007, DNA recovered from blood and hair found at the crime scene was matched to Gary Dubois (who had died in 2004) and his son, Gary Dubois, Jr.. The younger Dubois, who was ten at the time, confessed that his father invited Asher to talk about a potential partnership for 1976. Dubois reportedly then struck Asher repeatedly with an iron pipe, cursing him and Lewis as he did so.

Buyout by National Stock Car Series

The ASCT's financial struggles after the 1972 season worsened; despite turning tidy profits throughout the 1960's, the series showed increasingly negative financial position each year from 1972 through 1975. By late 1974, Len Fox was authorized by the board of directors to begin contacting other series to negotiate a potential merger or buyout. Initially, three parties expressed interest:

• Championship Auto Racing - commonly known as Champ Car or Indy, the highest-level open-wheel racing series sought to expand into the rapidly growing stock car racing market with an acquisition of the ASCT; series officials ended negotiations after determining that the series' financial position was unrecoverable.
• Midwestern Speed Association - The MSA saw potential in a merger with the ASCT, viewing as a way to expand its reach to the south. The MSA ended negotiations after the two sides could not come to terms on how a new series would be structured; additionally, the MSA's own weakening financial position meant it could not offer to buyout the ASCT outright.
• Doug Estes - Estes, a real estate and construction mogul from Houston, Texas, was interested in purchasing a majority stake in the series, but withdrew after financial disclosures made the series' position apparent.

Facing limited options and with the series' financial position worsening almost daily, Fox approached National Stock Car Series CEO Jack Crawford hoping to negotiate a merger or a buyout. In November 1975, after both series had awarded their respective championships, the NSCS announced its acquisition of the ASCT, its assets, and its contracts, effective January 1, 1976. They announced the following terms to the merger:

• The ASCT would run one final season in 1976 before being officially dissolved as a series.
• The NSCS would absorb and honor all ASCT records.
• Drivers who held an active ASCT license would be automatically granted a license for the NSCS, and any driver who had an inactive license could apply to have their NSCS license fast-tracked.
• The ASCT contracts for races held at Talladega Superspeedway, Hattiesburg Speedway, and Myrtle Beach Speedway would be honored through the 1981 season.
• Freddy Jones would be named to the NSCS board of directors, while Len Fox was hired in a consultant role.

See Also

• Olivanti Motorsports scandal - an early 1990's scandal involving the aforementioned Olivanti Motorsports, which completely disappeared from the series after federal RICO charges were brought against its owners
• Passgate - a 2019 scandal involving officials from General Motors attempting to manipulate race results at Darlington Raceway in order to affect the final championship.