A lawsuit filed Wednesday, Oct. 15 in Franklin County against the Ohio High School Athletic Association (OHSAA) could lead to an emergency referendum vote by OHSAA member schools on a bylaw that would allow high school student-athletes to profit from their name, image and likeness (NIL).
If OHSAA member schools vote in favor of the proposal, they would have the opportunity to shape the bylaw themselves.
NIL opportunities at the high school level have expanded rapidly nationwide since the practice became permissible for college athletes. The OHSAA remains one of just six state associations that currently prohibit high school athletes from engaging in NIL activities.
In September, the OHSAA Board of Directors approved language for an NIL proposal to be voted on next May during the organization’s annual referendum period. However, under OHSAA Bylaw 8-1-1, legal action—such as the lawsuit filed Thursday—could prompt schools to vote on the measure before the scheduled May voting window.
During regional update meetings held across Ohio in August and September, OHSAA officials informed administrators that an NIL proposal was expected to move forward.
“We have been following this situation closely and have been preparing for this situation,” OHSAA Executive Director Doug Ute said in a statement. “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 approved, the proposed bylaw would allow student-athletes to enter into agreements and be compensated for their name, image and likeness through appearances, endorsements, social media, licensing, and other branding opportunities based on their athletic recognition. The measure would also outline parameters to ensure students maintain their amateur status under OHSAA rules.
In 2022, OHSAA member schools voted down a similar NIL proposal by more than a two-to-one margin, with 538 voting against and 254 in favor.
The OHSAA’s annual referendum voting period runs from May 1 through May 15, with each member school casting one vote per issue approved for the ballot by the organization’s Board of Directors.
