Ohio Judge Temporarily Blocks State Ban on NIL Deals for High School Athletes

The family of Ohio State football recruit Jamier Brown sued the OHSAA for its state NIL ban

A case brought by the family of Ohio State commit Jamier Brown has led an Ohio judge to temporarily block the OHSAA's ban on NIL for high school athletes. / Lori Schmidt / Columbus Dispatch / USA TODAY NETWORK via Imagn Images

For the past few years, Name, Image, and Likeness (NIL) has evolved for student athletes in America. However, the state of Ohio is a different case, where a lawsuit in the Columbus area has gained widespread attention.

A Franklin County Judge Blocks the OHSAA's NIL Ban

Recently, a Franklin County judge temporarily blocked the Ohio High School Athletic Association (OHSAA) from enforcing its ban on NIL. This clears the way for high school student athletes to profit from sponsorships and get their name out there.

The decision comes after the OHSAA was sued by a family in Huber Heights, a suburb in Dayton. The family argued the ban unfairly prevents student athletes from earning money and puts Ohio behind most of the country on NIL rights.

The Case Was Brought by The Family of Ohio State Commit Jamier Brown

This is a case of the family of Wayne High School junior Jamier Brown, Ohio's top-ranked wide receiver recruit. Brown has verbally committed to play college football at Ohio State.

According to Jeremy Birmingham, a recruiting analyst for Columbus' 97.1 The Fan, Brown is considered "one of the best high school athletes in the country."

Ohio is among a handful of states, including Michigan, Indiana, Wyoming, Hawaii, Alabama, and Mississippi, that still prohibit NIL deals for high school athletes. However, two of those states are considering changing their stance.

"Allowing this temporary restraining order will align this state's policies for high school students with a majority of other across the country," the judge said in court.

Attorney Argued The Ban Put Ohio High School Athletes at a Disadvantage

The family's attorney, Luke Fedlam, argued that athletes are missing out on thousands of dollars and that some families have even left Ohio or chosen sports not governed by the OHSAA to pursue endorsement opportunities.

"It creates various classes of student athletes where you have families who have to decide, 'Well am I not going to play sports in my high school, because if I go play this way, I can go earn compensation," said Fedlam.

In response, OHSAA attorney Joe Fraley referenced the U.S. Supreme Court's NCAA v. Alston decision.

"You can go to the NCAA v. Alston case and it was clear that amateur status does not negate the economic rights of a student athlete," said Fraley.

The OHSAA Is Expected to Consider New NIL Language in May

The OHSAA said last week that it expects member schools to vote on updated NIL language in May. However, this lawsuit could force the decision to come sooner than later.

Back in 2022, Ohio schools voted overwhelmingly to keep the NIL ban in place.

With the temporary order in place, high school student athletes can still sign endorsement deals, but the ruling could be reversed as the case moves forward in court.