High schools in Ohio approve bylaw to allow name, image and likeness agreements for athletes

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Ohio has become the 45th state to allow high school athletes to enter into name, image and likeness agreements.

Member schools of the Ohio High School Athletic Association voted 447-121 to approve the referendum, which was moved up six months after a lawsuit by a standout wide receiver forced the issue.

Franklin County Common Pleas Court Judge Jaiza Page issued a temporary restraining order on Oct. 20 in a lawsuit filed by the mother of one of the nation’s top football prospects in the Class of 2027 seeking to allow students to enter into their own deals.

The OHSAA's new bylaw, announced Monday, goes into effect immediately and comes three years after members voted down a NIL proposal.

OHSAA members decisively voted down a NIL proposal in 2022, 538-254. The issue continues to generate plenty of debate, with 247 schools — 30.2% of the 818 member schools — abstaining from voting.

“Whether our schools or individuals agree with NIL at the high school level or not, the courts have spoken on this issue across the country that the NCAA and high school athletic associations cannot prevent a student-athlete from making money on their NIL,” OHSAA executive director Doug Ute said in a statement.

The bylaw establishes reporting procedures and limitations so that students do not jeopardize their eligibility while adhering to recruiting and amateur bylaws.

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 already has missed out on more than $100,000 in potential NIL deals.

Luke Fedlam, Brown’s attorney with the Amundsen Davis law firm in Columbus, said they plan to ask for their lawsuit to be dismissed. Another hearing on a preliminary injunction is scheduled for Dec. 15.

“This represents not only a significant victory for Jamier Brown and his family, but hardworking high school student-athletes across the entire state of Ohio,” Fedlam said. “Mr. Brown wanted to see these changes positively impact high school student athletes across the state, and he has now achieved that.”

Alabama, Indiana, Michigan, Mississippi and Wyoming remain the only states without a high school NIL framework in place.

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