COLUMBUS, Ohio — An emergency referendum vote by Ohio High School Athletic Association member school principals this fall will determine whether a fundamental change occurs to an amateur bylaw which has been a tenet to the state's high school sports since the OHSAA was founded in November 1907.
The OHSAA announced Tuesday afternoon that an emergency referendum vote regarding name, image and likeness (NIL) will go to member high schools sometime during a 45-day window in accordance with a temporary restraining order that was issued Monday by Franklin County Common Pleas Court Judge Jaiza Page.
The 45-day temporary restraining order (TRO) issued Monday allows Ohio high school athletes in the state to enter into NIL deals.
Huber Heights Wayne star football player Jamier Brown, the nation’s No. 1 wide receiver in the 2027 class, filed a lawsuit in Franklin County last week that seeks to allow him to receive NIL compensation while in high school.
OHSAA Executive Director Doug Ute announced an emergency referendum vote regarding NIL will go to member schools sometime during the 45-day window. The OHSAA Board of Directors meets this Thursday and will determine the voting dates. Each member high school has one vote, cast by the principal.
Following the Board of Directors meeting this Thursday, the OHSAA will announce the proposed NIL bylaw language and the voting timeframe for the emergency referendum.
“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,” OHSAA Executive Director Doug Ute said in a statement. “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.”
If the membership votes in favor of a proposal, it would allow OHSAA member schools to shape the NIL bylaw. If schools do not vote in favor of the referendum, the lawsuit and the future of NIL in Ohio will be determined by the court.
The full text of the proposal will be announced Thursday. In summary, the proposed new bylaw would allow student-athletes to enter into an agreement and be compensated for their name, image and likeness through appearances, licensing, social media, endorsements and/or the use of branding based on their public recognition or notoriety.
The proposal would also establish reporting procedures and limitations so that students do not jeopardize their eligibility as it relates to the OHSAA’s recruiting and amateur bylaws.
Ohio is one of six states with rules that don't allow NIL in high school sports.
The OHSAA has maintained a lawsuit was a possibility even after OHSAA member schools voted down an NIL proposal by more than a two-to-one margin (538 to 254) in May 2022.
During the OHSAA regional update meetings in August and September this fall, school administrators were informed that a proposal on NIL was likely on the horizon.
Ohio has the third-largest participation rate in high school sports nationally behind Texas and California, according to the National Federation of State High School Associations.
