Judge: Be seated. Ladies and gentlemen, I have prepared a written ruling in the case of The State of NASCAR versus Tony Stewart, which I will now read aloud:
I have listened carefully to the arguments from both the prosecution and the defense regarding this complicated action. I have also entertained the expert testimony of legions of NASCAR fans who certainly have powerful opinions on both sides of the issue.
Prior to today's hearing, I permitted a large number of fans to testify on behalf of the defendant. It is abundantly clear that the very behaviors which Mr. Stewart is on trial for are the ones that endear him to his enormous fan base. Whether he's criticizing Goodyear, complaining about NASCAR's policies or decisions, expressing his exasperation with the media, or simply grousing about the annoyance of the moment, Tony's fans love his take-no-prisoners approach to racing and the excitement that his controversial persona brings to the sport.
As you might expect, however, Stewart does have his share of detractors. I heard from them as well, though not in the same numbers as his supporters. However, in the interest of fairness, I will share with you a few representative anti-Stewart emails before proceeding with my verdict:
I can only say what my personal view is on Tony Stewart based on 20+ years of watching this sport, and a personal encounter with him three weeks ago in Las Vegas. I find that for a talented gentleman that relies on the fans to like him to get the continued Home Depot sponsorship and sales of his merchandise, his actions towards fans are appalling compared to how this sport has been portrayed over the last 20+ years. The apparent conceit of this man, who makes more financially in one year than most American's will make in their whole working lives is ridiculous. I put him in same category now that I put the other sports of baseball and football super stars. He acts as if he is now too good for us.
I would find you guilty as charged! You have no respect for others around you! When you are faced with the media you have no composure. As a professional in what you do, you have to think before you speak! If you would have given it some thought, you would realize that the COT is posing some serious problems for everyone, including Goodyear. Due to the new design of the car and the way it handles, they have to come up with all new compounds for the tires. I would think this will take time. From what I understand, most of the tracks are different, so it will take a lot of different tire compounds … Let Goodyear do its job! Why would you want to bite the hand that feeds you?
Tony is a crybaby and nothing will suit him until he is through with NASCAR. I have cut my Home Depot credit card into many pieces.
I should say something mean and nasty, but then I would be just like Tony. I don't mind controversy, but this guy is way out of control. Some people think he's a great driver, but the truth is unless he has a car that is totally perfect, he can't get it done. Have you ever seen him wrestle a less than perfect car to a win? Not like the really great drivers. As far as personality goes he reminds me of a Chihuahua - lots of bark, nothing to back it up.
Along with all the pro-Stewart and anti-Stewart statements I received - which I was frankly expecting - a third category of emails emerged which I found more surprising. Rather than taking sides for or against the defendant per se, these fans identified the real problem as being NASCAR itself. For example:
NASCAR is wrong in their efforts to control what the drivers, crew, and car owners have to say when speaking out and voicing their opinions. If there is a problem, it needs to be opened up and addressed, not hidden or ignored to cover up the unhappiness of an ill-fated product or decision. If that hurts someone's feelings or embarrasses them, well too bad! Get over it, get back up on your feet and let's get back to business! If I hear about that one rule again, Section 12-4-A - Actions Detrimental to Stock Car Racing, I think that I will puke! That particular catch-all rule is terribly misused and maybe it needs to go away for good. NASCAR needs to be specific if they are going to penalize or fine someone. They need to be clear of what the infraction is and then how and why it is "detrimental."
Who is really wrong here? NASCAR. Tony Stewart is not guilty for speaking his mind. He is guilty for apologizing for speaking his mind. You can clearly see NASCAR's hand on him when Tony is forced to apologize.
All us original fans of this sport from the south, where it started, have simply had enough. Most of us don't even go to the tracks anymore and spend our hard-earned money! We were expendable to NASCAR, and today's fan is, too. Years ago when we were being laughed at by the rest of the country for watching our NASCAR race on Sunday, not on TV, at the track, because there was no TV coverage, we spent our money and had great times. Then, NASCAR started growing and they turned all their attention to getting new fans and even took away some of the oldest and most competitive tracks like N. Wilkesboro, Rockingham and Darlington. They took away precious tradition when they did that! So the original fan base is all but gone … Let them boys race NASCAR. Let 'em bump and shove and run out in the grass to get the win and fight in the pits afterwards - that's real NASCAR!
Unfortunately, nothing seems to get done in NASCAR until Tony lets off some steam and tells it the way it is. Phantom debris cautions were out of control last year. Tony spoke his mind. I'm glad he did. Nothing was more frustrating than a caution coming out just when a "star" driver was about to get lapped. Then, to top it off, the TV commentators didn't know what the debris was or where it was. After Tony spoke, NASCAR made sure the TV networks were told where the debris was and to get a picture of the debris so the fans could see it existed. Same thing for the Goodyear tire problem. Tony let off some steam and made his feelings public. Hopefully, it will create greater communication between the drivers, NASCAR and Goodyear. I think some of the drivers 'hands are tied.' They are being controlled by million-dollar sponsors who don't want any negativity associated with their product. I applaud Tony Stewart for speaking out and Home Depot for not interfering.
We are not being very realistic when we can blame everything on the one individual who shows a different opinion than the majority, simply when his reasons are valid. For instance, the blatant sending of the defendant into the wall on lap 498 recently at Bristol, Tennessee, or when said defendant's Goodyear tires suddenly fail without any warning! Mr. Stewart has the responsibility to make the supporting consumers (e.g., NASCAR fans) of stock car racing aware of these potential problems. It is the jury's responsibility to find not only for the defendant, but to also find the State of NASCAR in contempt for these outrageous accusations!
Clearly, many fans believe that Mr. Stewart's behavior is simply a byproduct of the current NASCAR environment.
However, of all the testimony I heard, the most compelling was the small number of emails I received from admitted Tony Stewart fans who were objective enough to see that his behavior does, in fact, sometimes cross the line. For example:
I am a Tony Stewart fan. I love him as a driver and as the kind and generous human being that he is. I love the way he drives. I cringe every time a microphone comes near him after his race. I generally agree with what he says; however, I wish he would be more discreet in the way he says things. He makes his point with too 'broad a brush.' He hurts innocent people while he states the obvious about the guilty. He hurts himself. People judge Tony Stewart based on his comments, not his ability, his championships, or his on-going track performance. His ability already makes him a legend. He does not need to be a spokesperson on every issue. Tony should pick his fights and he would garner more respect when he is required to fight.
I believe in Mr. Stewart's right to say anything he so chooses and if, in fact, NASCAR is becoming more corporate, he should be answerable for his actions to Home Depot, not the Frances. I believe in Mr. Stewart's words as a talented, usually humble and thoughtful driver. I believe in his words because he states his educated opinion on the facts in a way that I can relate to without pandering ... All this said, I don't like the brusque and surly post-race interviews Mr. Stewart (and Mr. Busch and Mr. Hamlin) are becoming notorious for in the last few years.
I love Tony Stewart, thorns and all. With Tony, at least he's honest about how he feels. Does he go to far sometimes? Sure he does, but so what.
You hit the nail on the head when you said Stewart's fans don't care whether he has long or short hair, shaven or unshaven. Tony's fans stick by him because he is, first and foremost, a racer. He's not afraid to speak his mind for fear of what others might say. Does he need to think before he speaks most of the time? Absolutely.
In summary, I find that while Mr. Stewart is, in the strictest interpretation of the law, likely guilty of some of the charges against him, there are simply too many mitigating factors to take the allegations of the State of NASCAR versus Tony Stewart seriously.
In the interest of justice, I am going to dismiss all charges against the defendant, with the exception of "speaking without thinking," which Mr. Stewart himself has admitted to on numerous occasions.
Tony Stewart is hereby sentenced to 30 hours of community service, to be served in the form of picking up phantom debris from the track at the completion of the remaining Sprint Cup races this season.
Judge (bangs gavel): This court is adjourned.
(Tony Stewart shakes hands with his defense lawyer, Mr. DePot. The defense team happily congratulates one another, while the prosecutor, Mr. Francelton, silently packs his briefcase).
Bailiff: All rise. (The judge leaves the courtroom). Court dismissed!
The thoughts and ideas expressed by this writer or any other writer on Insider Racing News, are not necessarily the views of the staff and/or management of IRN.
You Can Read Other Articles By Rebecca
