Ohio High Schools Face NIL Battle as OHSAA Moves Toward Emergency Vote

Columbus — In 2022, Ohio high schools overwhelmingly voted down a proposal that would have allowed name, image and likeness (NIL) deals for student-athletes, rejecting it by a 538–254 margin. The decision kept Ohio among the few states tabling a practice that has reshaped college sports.

The dispute is now headed to court. Jamier Brown, a Dayton-area wide receiver committed to Ohio State, and his mother have filed a lawsuit against the OHSAA, challenging the organization’s prohibition of NIL opportunities for high school athletes.

In the lawsuit, Brown and his mother claim he has received offers exceeding $100,000 for endorsement deals tied to his name, image, and likeness. The filing argues that “OHSAA’s disparate treatment of Ohio high school athletes is arbitrary, irrational, and not substantially related to any legitimate governmental interest.”

As a result of the lawsuit, the OHSAA is preparing for a potential emergency vote among its member schools to determine whether NIL deals will be permitted for high school athletes.

The OHSAA Board of Directors approved in September to bring an NIL proposal before member schools in May 2026 as part of the annual referendum. However, under OHSAA bylaw 8-1-1, pending legal action can trigger an emergency vote, moving that decision up sooner than planned.

“We have been following this situation closely and have been preparing for this situation,” said Doug Ute, OHSAA Executive Director. “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 passed, the proposed bylaw would allow student-athletes to profit from their name, image, and likeness through endorsements, social media, personal appearances, and other branding opportunities tied to their athletic recognition. The proposal also outlines safeguards to ensure athletes maintain their amateur status, keeping eligibility intact under OHSAA rules.