Ohio NIL vote expected in 45-day restraining order window

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(The Center Square) – High school athletes in Ohio can be paid for their name, image and likeness, at least for the next 45 days.

The Ohio High School Athletic Association plans an emergency vote on what is colloquially known as NIL within the next 45 days, following a Board of Directors meeting scheduled for Thursday.

The new vote comes after a Franklin County judge issued a temporary restraining order that blocks the association from enforcing its NIL ban.

“We anticipated a lawsuit would come any day, and our board of directors has already approved the language of an NIL bylaw referendum for our schools to vote on,” Doug Ute, the association's executive director, said in a release. “We are thankful for the 45-day window so our schools will have time to learn more about this referendum and to vote on our proposed language for NIL.” 

Thursday’s meeting will determine when the vote takes place. Each member school gets one vote, cast by the principal.

The new bylaw language is expected to be announced after Thursday’s meeting. The state association said it will contain allowances for signing an agreement to be paid for their name, image and likeness through appearances, licensing, social media, endorsements and the use of branding based on their public recognition or notoriety. 

It would also create reporting procedures and limitations to keep eligibility relating to restrictions on high recruiting and amateur status.

Principals are waiting to see the exact language before deciding on how to vote.

“I am waiting to see the specifics of their plan,” Cory Caughlan, principal at Mount Vernon High School in central Ohio, told The Center Square. "I am hopeful that they have a well-developed plan that can provide guidance versus this becoming a free for all."

If members reject the organization’s plan, the shape of high school NIL will likely be determined by the courts. Schools rejected a plan to address NIL in 2022.

The mother of Ohio State wide receiver commitment Jamier Brown filed a lawsuit last week challenging the state’s NIL ban.

Brown, the nation’s top wide receiver in next year’s recruiting class, and his mother believe he is missing opportunities to earn at least $100,000 currently while playing at Huber Heights Wayne near Dayton.

A Franklin County judge issued the injunction earlier this week, saying the ban violates Ohio antitrust laws and is an unlawful restraint of trade.

Ohio, Alabama, Hawaii, Indiana, Michigan and Wyoming are the only states to ban high school NIL.