Instead of leading Kurt Busch by 13 points, Earnhardt trails by 12.
By BRANT JAMES
Published October 6, 2004
NASCAR made its strongest statement to date on how it intends to police what it deems inappropriate behavior, docking Dale Earnhardt Jr. 25 points on Tuesday. The penalty dropped the sport's most popular driver from first place in the Chase for the Championship standings.
In a post-race interview on Sunday, Earnhardt said his fifth win at Talladega Superspeedway "don't mean s--- right now. Daddy's won here 10 times."
Kurt Busch is now 12 points ahead of Earnhardt heading into this week's race at Kansas Speedway.
NASCAR followed strict precedent in fining Earnhardt $10,000 and 25 points. The same fines had been levied this season against Busch Series drivers Johnny Sauter and Ron Hornaday.
Earnhardt, the first Nextel Cup driver penalized points for swearing, did not comment on Tuesday, but he seemed to sense soon after the race that he would be sanctioned.
"I hope they understand that it was in jubilation. I know me and those other guys that got fined let it slip, but it's two different circumstances," Earnhardt said. "I think that when you're happy and joyous about something and it happens, I think it's different than being angry and cursing in anger.
"If anybody was offended by the four-letter word I said ... I can't imagine why they would have tuned into the race in the first place."
Dale Earnhardt Inc. director of competition Richie Gilmore said his team will appeal the decision to a three-person panel selected by NASCAR from the National Stock Car Racing Commission. A date has not yet been set.
"Dale Jr.'s comment was made in the excitement of the moment, seconds after he climbed out of the car," Gilmore said. "It wasn't made in anger or hostility directed at anyone. This whole incident is going to force everyone in the sport to rethink showing any excitement in what should be a jubilant moment."
Though Earnhardt will retain the win, losing 25 points could impact his hopes for a first championship, even with seven races left. Such a penalty is also unique to major sports.
"This is a huge setback for the entire company," Gilmore said in a release. "We're in a sport that focuses its primary attention on the final 10 races of the season and we're racing against formidable teams for a championship. We're facing a setback from a competition standpoint for something that should be considered a personal foul.
"I think we're the only sport that takes points off of the board after they've been scored."
Busch called the incident "unfortunate."
"Hopefully, these 25 points won't come into the final factor," he said, "because we want to beat him on the race track."
NASCAR president Mike Helton warned drivers to curb foul language during a February drivers meeting. Less than a month later, Sauter was penalized for lewd language used during a live post-race radio interview.
"With the precedent they set early in the year, they weren't left an option, in my opinion," driver Jimmie Johnson said. "I feel they don't want to affect a championship based on this, and I wouldn't want to see a championship affected from something somebody said outside the race car. This should be settled on the race track, but again we have rules and regulations to abide by."
NASCAR spokesman Mike Zizzo said drivers know that "as a family sport, we're taking this very seriously and adhering to FCC guidelines."
"The timing is unfortunate for Dale Jr.," he said, "but NASCAR also made it clear to the competitors that we would police the last 10 races just like we did the first 26."
Nextel Cup rookie Brendan Gaughan, who was fined last season for a comment made after a truck series race, was glad to see even-handed justice.
"It's his own fault," he said of Earnhardt's penalty. "The best thing about it, NASCAR is being consistent. I think everybody knows we can't get away with that sort of thing."
Earnhardt was fined the same amount of money and points in March for admitting he intentionally caused a caution that worked to his benefit at Bristol. Earnhardt remained third in the points standings despite that penalty and assumed the lead after finishing third in the first "playoff" race at Loudon, N.H., three weeks ago.
