High schools in Ohio will vote in special election next month to allow NIL for athletes

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Principals in Ohio will vote next month on a referendum that could clear the way for name, image and likeness agreements for high school athletes in the state, after a lawsuit by a standout wide receiver forced the issue.

The vote — which will take place Nov. 17-21 — was moved up six months after Franklin County Common Pleas Court Judge Jaiza Page issued a temporary restraining order on Monday in a lawsuit filed by the mother of one of the nation's top prospects in the Class of 2026.

The order allowed all students who are part of the 818 schools in the Ohio High School Athletic Association to enter into their own NIL deals.

The OHSAA Board of Directors announced the revised voting schedule on Thursday. The vote was originally scheduled for May.

Ohio is one of six states that has rules in place that don’t allow high school athletes to accept payments for their name, image and likeness. The others are Alabama, Indiana, Michigan, Mississippi and Wyoming.

OHSAA members decisively voted down an NIL proposal in 2022, 538-254.

Jasmine Brown, the mother of Jamier Brown, filed the lawsuit in Franklin County Common Pleas Court on Oct. 15 in her role as “parent or guardian.” Brown is a junior who attends Wayne High School in Huber Heights, a suburb of Dayton. He is the top wide receiver prospect in the class of 2027. Brown has verbally committed to Ohio State University, which is in Franklin County.

Brown’s mother and attorneys stated that Brown has already missed out on more than $100,000 in potential NIL deals.

“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,” Jamier Brown said on X when the lawsuit was filed on Oct. 15. "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."

Another hearing on a preliminary injunction is scheduled for Dec. 15.

The OHSAA says the proposed new bylaw would allow student-athletes to enter into an NIL agreement, and would establish reporting procedures and limitations so that students do not jeopardize their eligibility.

“It’s important for folks to understand high school NIL is different from college NIL,” said Luke Fedlam, Brown’s attorney with the Amundsen Davis law firm in Columbus. “There are guardrails that have been in place that protect the integrity of sport and competition. In college we have seen collectives for NIL to recruit and retain. That does not exist at the high school level. Most states have the regulations that do not allow collectives and how they can transfer and maintain eligibility.”

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