Franklin County lawsuit might lead to consideration of NIL for Ohio high school athletes

The list of holdouts regarding name, image and likeness at the high school level could be shrinking. A lawsuit against the Ohio High School Athletic Association filed in Franklin County on Wednesday might force the state to consider adopting NIL regulations in short order. The association said in a statement that the lawsuit could result in an emergency referendum vote of OHSAA member schools. In 2022, OHSAA member schools voted down the OHSAA's first NIL proposal by more than a two-to-one margin (538 to 254). "We have been following this situation closely and have been preparing for this situation," OHSAA Executive Director Doug Ute said in a statement. "We were hoping this would wait for the referendum voting period in May, but as we told our schools this fall, the vote may have to come sooner than that due to a lawsuit, which would trigger the emergency vote. We are prepared to move forward with our member schools on this issue." If the referendum passes, it will leave Alabama, Hawaii, Indiana, Michigan and Wyoming as the only states without NIL regulations. "I think in college it was needed because those organizations are making millions of dollars off the backs of kids who didn't have that chance to have the opportunity to make money," North Ridgeville coach Bryan Morgan said. "With the business of college sports, it definitely makes sense. And if it was regulated a little bit better, I think it's a great thing for college kids to make money when all of those organizations are making money. "But in high school, I don't see it as the same thing. It's supposed to be a pure time in a kid's life to enjoy athletics. And then the top tier ones get an opportunity to go and make that money. Unfortunately, I feel like if it comes to high school it could turn into highest bidder for better athletes from alumni and organizations that could raise money privately because I don't see other opportunities where kids are going to make money off of the sport. High schools don't have the big TV rights, they don't have millions of dollars in ticket sales." The OHSAA said its board of directors approved language on NIL for member schools to vote on in May. However, as with any referendum item, schools could be asked to vote on a proposal prior to the May voting period because of legal action. The lawsuit that could potentially trigger an emergency vote is being filed in Franklin County by Jasmine Brown on behalf of her son Jamier, who is considered by many to be the nation's top receiver in the 2027 recruiting class. An Ohio State commit, Brown plays for Wayne High School in Huber Heights and confirmed the lawsuit with a post to his X account Wednesday. "I want to use my platform to make a difference for athletes across the state," Jamier Brown wrote. "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. 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 help and football training that can help me maximize my potential." If passed, the OHSAA said its new bylaw would allow student-athletes to enter into NIL agreements and be compensated through appearances, licensing, social media, endorsements and the use of branding based on their public recognition, athletic fame or notoriety. The proposal would also establish appropriate parameters around these activities so that students do not jeopardize their eligibility as it relates to the OHSAA's amateur bylaws. While Morgan opposes adopting NIL, he said if it passes there has to be regulations with regards to where the money is coming from and what it's being used for. Otherwise, Ohio's high school sports landscape could follow the same path as the current landscape of college sports where universities raise money to incise the best athletes by facilitating NIL deals. Avon coach Mike Elder echoed those sentiments, adding that his biggest fear is NIL might initially be designed as a way for athletes to secure local business sponsorships, but ultimately evolve as a tool to recruit players. The high school landscape already deals with a number of imbalances from school size to open enrollment. "If it comes, we're going to figure out how to continue to be successful under the new guidelines and new landscape of the new rules," Elder said. "But I think if NIL comes here it's going to be abused in some ways and used to recruit and lure great players to schools that are willing to pay money for kids. "In its pure sense, you'd like to think in every community the kids go to the high school they grew up in and if the local car dealership or pizza shop wants to pay a kid to do a commercial, that would be pure and innocent, but it's not going to work that way. We all know that. It's going to be used to get kids to change schools and transfer. And that's just sad. I just don't see a way to make this happen where it doesn't become a recruiting tool." Contact Chris Sweeney at (440) 329-7135 or ctsports@chroniclet.com. Follow him @CSweeney1686 on X.