Kiersten Hening is asking a federal court to reinstate her to the Virginia Tech soccer team after she quit on Sept. 20.
The announcement comes after the school said in March that band members would no longer be required to play the song.
The track will be at 40% capacity a year after fans weren't allowed to attend the pandemic-postponed 2020 Indy 500 won by Takuma Sato.
The vice-chair's departure had reportedly long been in the works but was revealed in the wake of the collapse of the proposed European Super League.
Cobb has made nearly 250 Truck and Xfinity Series starts and said she was running Sunday's Cup Series race at Talladega. But NASCAR did not approve her to enter.