On October 20, 2025, the Franklin County Court of Common Pleas issued a temporary restraining order against the Ohio High School Athletic Association. This ruling temporarily bars OHSAA from enforcing Bylaw 4-10, which prohibits student athletes from receiving money, merchandise or services of value based on notoriety obtained through athletic skills and achievements.
Background: In 2021, the United States Supreme Court held that certain restrictions enforced by the National Collegiate Athletic Association on benefits for college athletes violated antitrust law. The NCAA subsequently relaxed these rules, ultimately allowing college athletes to receive compensation for use of their name, image, and likeness (“NIL”). These outcomes paved the way for similar decisions by state high school athletic associations, and by 2025, most states allowed high school athletes to profit from NIL monetization under certain conditions.
Until now, Ohio was not one of those states. In 2022, OHSAA members rejected a proposal to change the NIL bylaws by a 68-32% margin, and this litigation is the first significant development since that vote.
Litigation: On October 15, 2025, a Dayton-area family sued the OHSAA, alleging that its ban on NIL compensation violates athletes’ freedom of speech and equal protection under Ohio’s Constitution, as well as state antitrust laws. The family sought an immediate restraining order preventing the OHSAA from enforcing this NIL bylaw. Five days later, the Court held a hearing, considered oral arguments, and issued a ruling in the student’s favor.
Outcome: As a result, OHSAA cannot enforce this prohibition on NIL compensation for the next 45 days. A second hearing is scheduled for mid-December to determine whether the temporary restraining order will be extended into a preliminary injunction.
In the interim, the OHSAA is holding an emergency bylaw referendum whereby high school principals may cast votes for member schools between November 17-21. The full text of the proposed emergency bylaw is here and allows student athletes to capitalize on their name, image, and likeness, with several restrictions. These include prohibitions on NIL agreements that: (1) provide compensation based on specific athletic performance or achievement; (2) induce attendance at a particular school; (3) offer money, merchandise, services of value or any benefits to the student’s school or team; (4) are associated with gambling, alcohol, tobacco, cannabis, firearms, adult products or illegal substances; or (5) are provided by an OHSAA member or agent, including booster clubs and collectives. Student athletes would also be barred from using school names, logos, mascots, or trademarks or engaging in NIL activities during school hours, while traveling to events, or during any practice, contest, or tournament. NIL agreements would have to be disclosed to OHSAA within 14 days and failure to do so would result in ineligibility for up to 20% of the season.
Implications for Your District: Short term considerations including ensuring your district participates in the referendum and understanding that, for the time being, OHSAA cannot enforce any NIL restrictions. In the long run, school districts may likely need to prepare for some NIL-related implications, whether direct or indirect. This may involve reviewing policies and guidelines to clarify district relationships with booster clubs and other support organizations, as well as ensuring strict adherence to Title IX regulations as to restricted-use donations.
This is a rapidly-evolving area of law and Weston Hurd is here to help you navigate its complexities. Please do not hesitate to reach out to our Education Law team with any questions about NIL issues or related concerns.
About the Author
Miriam Fair is a Weston Hurd partner who focuses her practice on school law, ranging from primary to post-secondary levels. She advises clients on issues related to special education, labor and employment, bullying/harassment, employment discrimination, student discipline, and disability accommodations. She also focuses on constitutional rights, policy drafting and implementation, and public records requests. Her special education experience includes staff training, ETR and IEP meetings, and document review for compliance. Miriam can be contacted via email at mfair@westonhurd.com or by phone at 216-687-3366.
