A Franklin County (Ohio) judge has ruled that high school athletes in that state can be compensated for their name, image, and likeness (NIL), after a plaintiff claimed that he had suffered extensive losses in NIL deals because of an Ohio High School Athletic Association (OHSAA) policy that banned such compensation.
The impetus for the lawsuit was the allegation of Jamier Brown, a standout wide receiver who committed to play for the Ohio State Buckeyes beginning in 2027, that he had lost more than $100,000 in NIL deals because of the policy.
Brown’s attorney, Luke Fedlam, claimed the restriction violated his client’s Constitutional rights as well as caused other athletes to miss out on significant financial opportunities.
“These are unique and unrecoverable harms to JB’s career, his reputation, and his constitutional rights,” Fedlam said during a court hearing. “When a student-athlete misses out on a six-figure opportunity, it’s a direct impact to the family.”
Fedlam claimed that Ohio is one of only six states that still limit NIL rights for high school athletes.
Brown, himself, elaborated in an Instagram post, writing that “I want to be able to use my name, image, and likeness to help my family financially and get the extra after-school academic help and football training that can help me maximize my potential. NIL can make that possible for me and many other student-athletes in Ohio.”
In his argument, Fedlam suggested to the court that permitting NIL for high school athletes does not challenge the integrity of the game or schools.
He added that “OHSAA’s rule is thus arbitrary and inconsistent.”
“Also, under violation of Ohio Anti-Trust Laws, the Valentine Act, the NIL prohibition forecloses an entire market for NIL services in the State of Ohio,” he said. “It’s an unlawful restraint on trade under the Valentine Act. OHSAA prevents free and fair economic competition and harms both athletes and local businesses. JB faces immediate non-compensable harm. There are lost NIL opportunities that we discussed in our brief, in our complaint, and it’s due to timing, visibility, and athletic season.”
The arguments were well-received by the Common Pleas Judge, who granted the temporary restraining order.
“The court finds the arguments relating to violation of equal protection and due course of law very compelling,” she wrote. “Other high schools, not necessarily other high school students that are not associated with the Ohio High School Athletic Association, could have the ability to participate in NIL opportunities in the State of Ohio. There are similarly situated students in 44 other states throughout this country who may participate in NIL activities. Whether or not JV is being irreparably harmed if this order is not granted, the court finds that he would be.”
Further, she found that there would be potential irreparable harm to Brown’s future and called the OHSAA’s policy outdated.
“(The plaintiff) is still a high school amateur athlete and he should be able to participate in those opportunities provided by NIL during this time,” she wrote. “The court does find that granting this will allow for expanded opportunities for high school students and youth across the state of Ohio and there are benefits in that.”
The court made the comparison with non-athlete students, who are allowed to profit from their talent.
“Allowing this temporary restraining order will align this state’s policies for high school students with a majority of the other states across the country,” she wrote. “With that being said, the Ohio High School Athletic Association is temporarily enjoined from enforcing Section 4-10-1 of its bylaws.”
In coverage of the decision, it was reported that in 2022, OHSAA member schools rejected the first NIL proposal by a margin of 538 to 254.
OHSAA Executive Director Doug Ute responded with the following statement:
“We anticipated a lawsuit would come any day and our board of directors has already approved the language of an NIL bylaw referendum for our schools to vote on. We are thankful for the 45-day window so our schools will have time to learn more about this referendum and to vote on our proposed language for NIL.”
