Is this the End of Amateur Athletics in Ohio?

There could be big changes coming to high school sports in Ohio as the Ohio High School Athletic Association (“OHSAA”) considers changes to its name, image and likeness (“NIL”) rules.

Traditionally, at the college level, the National Collegiate Athletic Association (the “NCAA”) viewed college sports as amateur athletics. The NCAA continually asserted that individuals in these programs were students first and athletes second. In doing so, the NCAA prohibited student athletes from receiving money or compensation beyond the educational expenses provided to them by the particular college or university (i.e., tuition, room and board, etc.). However, in 2021, the Supreme Court of the United States held that the NCAA’s rules limiting student athletes to receiving only education-related benefits was in violation of federal anti-trust laws. See NCAA v. Alston, 594 U.S. 69 (2021). Since this decision, college athletes have been permitted to use their NIL to earn money or compensation by leveraging their personal brand through product endorsements, social media campaigns, signing autographs, personal appearances, etc.

Following the Supreme Court decision in Alston, many state legislatures and/or high school athletic associations implemented regulations permitting high school athletes to also profit off their own NIL. In 2022, the OHSAA held a vote on whether to allow NIL opportunities in Ohio high school sports. At that time, participating members voted down the proposal by a margin of 538 to 254. Thus, as it currently stands, Ohio is one of six (6) states that has rules that prohibit high school athletes from making money off their NIL.

However, on October 15, 2025, Jamier Brown, the nation’s top-ranked high school wide receiver and prospective Ohio State football commit, filed a lawsuit against the OHSAA in the Franklin County Court of Common Pleas challenging OHSAA’s rules prohibiting high school athletes from profiting off their NIL. In a decision issued in late October, the court issued a 45-day temporary restraining order (“TRO”) prohibiting the OHSAA from enforcing its regulations against high school athletes profiting from their NIL.

Following the issuance of the TRO in Brown, Doug Ute, Executive Director of OHSAA, announced that an emergency referendum vote on the association’s proposed bylaw regarding NIL would occur from November 17, 2025, through November 21, 2025. In summary, the proposed new bylaw would allow high school student athletes to enter into agreements to receive compensation from their NIL through appearances, licensing, social media, endorsements, and/or brand deals. However, the bylaw also comes with certain limitations and reporting requirements. For example, the proposed bylaw would prohibit students from entering into agreements that provide compensation based on specific athletic performance (i.e., points scored in a game) or that are otherwise intended to induce an athlete to attend a particular school (i.e., “pay-to-play” arrangements). The bylaw would also prohibit students from entering into agreements with alcohol, cannabis, gambling, tobacco, or other companies OHSAA deems inappropriate or distracting. In addition, student athletes would be prohibited from displaying a sponsor’s product or otherwise advertising for a prospective sponsor during official team activities. In the event a student enters into an NIL agreement, they would be required to report it to the OHSAA within fourteen (14) days. A student’s failure to comply with the bylaw’s requirements may jeopardize their continued eligibility to participate in high school athletics. The full text of the emergency bylaw proposal subject to the vote is available on OHSAA’s website.

The OHSAA plans to announce the results of the vote of the referendum on or about November 24, 2025. If the referendum passes, high school athletes will seemingly be eligible to profit from their NIL in accordance with the bylaw. If the referendum fails, students will still be permitted to profit from their NIL while the forty-five (45) day TRO remains in effect – in other words, until about December 4, 2025. If the court in Brown ultimately determines that OHSAA’s rules prohibiting students from profiting from NIL violate state or federal law, that decision would ultimately override OHSAA’s referendum vote. If this occurs, the age of amateur athletics in Ohio high school sports would officially come to an end.

Given the nature of the continuously evolving landscape surrounding NIL in Ohio high school sports, please reach out to your legal counsel with any questions or concerns you or your district may have.