Lawsuit Filed in Franklin County Against OHSAA Regarding NIL

Ohio is currently one of only six states that does not allow NIL for high school student-athletes

COLUMBUS, Ohio – A lawsuit was filed in Franklin County on Thursday against the Ohio High School Athletic Association that could result in an emergency referendum vote of OHSAA member schools on a bylaw that would allow high school student-athletes to be compensated for their name, image and likeness (NIL).

If the membership votes in favor of a proposal, it would allow OHSAA member schools to shape the bylaw.

NIL at the high school level has spread rapidly across the country in the last several years since it became permitted at the college level. Currently, the OHSAA is one of only six state associations that does not allow NIL by student-athletes at its member schools.

In September, the OHSAA Board of Directors approved language on NIL to go to member schools next May as part of the annual referendum voting process, but as with any referendum item, schools may be asked to vote on the proposal prior to the May voting period due to legal action, as permitted by OHSAA bylaw 8-1-1. During the OHSAA Regional Update Meetings around Ohio in August and September, administrators in attendance were informed that a proposal on NIL was likely coming.

“We have been following this situation closely and have been preparing for this situation,” said Doug Ute, OHSAA Executive Director. “We were hoping this would wait for the referendum voting period in May, but as we told our schools this fall, the vote may have to come sooner than that due to a lawsuit, which would trigger the emergency vote. We are prepared to move forward with our member schools on this issue.”

If passed, the proposed new bylaw would allow student-athletes to enter into an agreement and be compensated for their name, image and likeness through appearances, licensing, social media, endorsements and/or the use of branding based on their public recognition (athletic fame) or notoriety. The proposal would also establish appropriate parameters around these activities so that students do not jeopardize their eligibility as it relates to the OHSAA’s amateur bylaws.

In 2022, OHSAA member schools voted down the OHSAA’s first NIL proposal by more than a two-to-one margin (538 to 254). The annual referendum voting period is May 1 through May 15. The OHSAA Board of Directors approves items that are on the ballot, with each school casting one vote on each issue.