Judge halts OHSAA NIL ban for 45 days amid lawsuit

A Franklin County judge issued a 45-day restraining order against the Ohio High School Athletic Association following a lawsuit filed by a student-athlete Oct. 15. The order temporarily prevents the OHSAA from enforcing its bylaw that prohibits student-athletes from receiving compensation for their name, image and likeness.

OHSAA Executive Director Doug Ute announced an emergency referendum vote on NIL that will take place within the 45-day window. The vote, to be conducted by OHSAA member schools, will be scheduled during the next board of directors meeting. Each school’s principal will cast one vote. After the meeting, OHSAA will announce the proposed NIL bylaw language and the voting schedule.

“We anticipated that 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,” Ute said. “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.”

If member schools vote in favor of the proposal, they will be able to shape the NIL bylaw themselves. If the referendum fails, the lawsuit and the future of NIL in Ohio will be decided by the courts.

During earlier regional update meetings, OHSAA administrators were informed that a NIL proposal was being developed. The concept received positive feedback from a committee of school administrators. To help schools make informed decisions, OHSAA plans to distribute information and host webinars in partnership with Influential Athlete to clarify the proposal and explain next steps if the measure passes.

In September, the OHSAA board of directors approved NIL referendum language for the annual May voting period. However, under OHSAA bylaw 8-1-1, a proposal can be voted on earlier if legal circumstances require it.

The full text of the proposal was released Oct. 23. In summary, it would allow student-athletes to enter agreements and receive compensation for their name, image and likeness through appearances, endorsements, social media, licensing and branding opportunities based on their public recognition. It would also establish reporting and compliance procedures to ensure eligibility under OHSAA recruiting and amateurism rules.

NIL opportunities have expanded rapidly at the high school level nationwide since their approval in college athletics. Only seven states, including Ohio, currently prohibit high school athletes from earning NIL compensation.

OHSAA’s first NIL proposal in 2022 was voted down by member schools by a margin of 538 to 254. The annual referendum voting period runs from May 1 through May 15, with each member school casting one vote on each ballot item.