On Oct. 20, Judge Jaiza Page of the Franklin County Court of Common Pleas issued a temporary restraining order (TRO) blocking enforcement of the Ohio High School Athletic Association’s (OHSAA) rule prohibiting student athletes from earning income from their name, image and likeness (NIL). OHSAA’s current Bylaw 4-10 prohibits student-athletes competing in interscholastic competition at the K-12 level from capitalizing on their NIL and receiving remuneration. OHSAA has been enjoined temporarily from enforcing this prohibition pending a preliminary injunction hearing in December.
The TRO came about in a case filed against the OHSAA by the mother of a highly ranked Ohio high school football player who argued that Bylaw 4-10 violates the Ohio Constitution by improperly restraining commercial speech and also violates its due process and equal protection clauses. She also charged that it violates Ohio Revised Code (RC) 1331.01, also known as the Valentine Act, Ohio’s antitrust provision, by creating an unlawful restraint on trade. She argued that the prohibition has injured her son and their family by inhibiting their ability to capitalize economically on his skill, pointing out that more than 40 other states allow student athletes to receive remuneration from NIL.
In response to the court’s action, the OHSAA has scheduled an emergency vote on an amendment to its NIL bylaw that would allow student athletes to enter into agreements to receive compensation from their NIL. According to the OHSAA, that emergency vote will take place Nov. 17-21. More information about this can be found in the OHSAA’s Oct. 23 news release.
OSBA’s division of legal services is available to answer general questions about districts’ legal obligations in this area and can be reached at 855-OSBA-LAW. For questions about the OHSAA’s response and the proposed bylaw changes, we encourage members to reach out directly to OHSAA.