Judge Blocks Ohio Ban on High School Athletes Signing NIL Deals

An Ohio judge on Monday granted a temporary restraining order (TRO) to Jasmine Brown, whose son, Jamier Brown, is a star wide receiver at Wayne High School (Ohio). Until the TRO, the Ohio State commit couldn’t sign NIL deals because the Ohio High School Athletic Association (OHSAA) prohibits such agreements as a condition of high school athlete eligibility.

After a hearing on Monday, Franklin County Common Pleas Court Judge Jaiza Page issued a TRO that blocks OHSAA from enforcing its NIL ban at least until Page holds a preliminary injunction hearing on Dec. 15. According to the Columbus Dispatch, Page clarified that her order applies not only to Brown but also to similarly situated student-athletes throughout Ohio.

Ohio is one of only six states that prohibit high school athletes from signing NIL deals. The ban is based on reasoning similar to that used by the NCAA before it lifted its prohibition in 2021. OHSAA maintains that the restriction provides a “clear line of distinction” between “educationally based athletics and professional sports.”

As reported by the Columbus Dispatch, Judge Page was particularly persuaded by concerns about fairness and equity. She noted that restraining enforcement of the ban “will align” Ohio’s policies with most other states and highlighted the “benefits” for high school students in being able to sign NIL deals.

Blocking high school athletes from signing NIL deals is not only atypical from a national student-athlete perspective, but it also denies them financial opportunities enjoyed by classmates who are influencers, esports players, musicians, actors and other young people able to profit from their NIL.

One hurdle for Brown in obtaining a TRO was establishing “irreparable harm,” which generally refers to harm that cannot later be cured by financial compensation. In sports, athletes who are suspended often argue they suffer irreparable harm because they are excluded from games that can never be replayed. That kind of harm is difficult, if not impossible, to quantify. 

By contrast, lost NIL deals are measurable by the amount of money denied to the athlete. The complaint refers to offers exceeding $100,000 related to licensing and promotion of trading cards for Brown, who is a junior. Thus, the “harm” here appears quantifiable.

As Sportico reported, OHSAA has considered proposals to drop its ban and intends to accelerate review of another proposal to do so. Whether OHSAA can hold a vote of its member schools before Dec. 15 remains to be seen. If the ban is dropped, the case would likely be dismissed as moot.