Judge Rules In Favor Of Ohio High School Athlete Seeking To Profit From NIL After His Mother Filed A Lawsuit
A judge has ruled in favor of an Ohio high school athlete looking to profit from NIL.
Details of Lawsuit
As AFROTECH™ previously reported, the mother of Jamier Brown, a top-ranked wide receiver in the U.S. attending Wayne High School near Dayton, OH, filed a lawsuit against the Ohio High School Athletic Association (OHSAA), as it does not permit student athletes to earn revenue from their name, image, and likeness (NIL). For Brown, this means missing out on possible deals worth more than $100,000.
The lawsuit, filed in Franklin County, described OHSAA rulings around NIL as “outdated and unlawful” and that “OHSAA’s blanket ban not only singles out Ohio’s high school student athletes for unequal treatment, but it is also unlawfully suppresses their economic liberties, freedom of expression, and restrains competition in the NIL marketplace.”
Brown, who intends to play football for Ohio State University, said, “I’m being raised by an amazing single mom who’s always doing her best to keep things steady while helping me chase my goals on and off the field,” according to The Columbus Dispatch. “Like what’s allowed in other states, 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.”
Temporary Legal Victory
The lawsuit has led to a short-term victory in court. Franklin County Common Pleas Court Judge Jaiza Page issued a temporary restraining order on Oct. 20, which voids OHSAA’s ruling against NILs for the time being and allows athletes attending its 818 member schools to profit from such deals.
“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,” Judge Page said, according to The Columbus Dispatch. “Additionally, allowing this temporary restraining order will align this state’s policies with a majority of the other states across the country.”
The OHSAA had already planned to revisit its NIL ruling, but the process has been sped up as a result of the lawsuit, per The Columbus Dispatch.
“The OHSAA anticipated the judge making an initial ruling today on the NIL lawsuit to set the timeline moving forward. The OHSAA is finalizing communications regarding the next steps for our member schools and will send out details on Tuesday (Oct. 21),” OHSAA spokesperson Tim Stried said in a statement, per the outlet.
The court has scheduled a preliminary injunction hearing for Dec. 15, but OHSAA attorney Joe Fraley stated that there will likely be a vote by the organization before the hearing.
