On October 15, 2025, Jamier Brown, a current high school football superstar and commit to The Ohio State University, filed a lawsuit against the Ohio High School Athletic Association (OHSAA), challenging its ban on high school athletes receiving compensation for their name, image and likeness (NIL). Since Mr. Brown is a minor, his mother and legal guardian, Jasmine Brown, commenced the action on his behalf. In a social media post, Mr. Brown stated that he brought this lawsuit “to make a difference for athletes across the state.”
The Basis of Mr. Brown’s Claim
The complaint brings up how forty-four states and the District of Columbia permit high school athletes to partake in the NIL ecosystem, yet Ohio is not one of them. Mr. Brown also notes that Ohio college athletes are allowed to benefit from NIL yet high school athletes are not entitled to those same rights. As a result of the NIL ban, Mr. Brown has been forced to turn down multiple NIL opportunities, some of which are north of $100,000.
The Court’s Temporary Order
As part of this legal action, Mr. Brown requested that the Court grant a temporary restraining order (TRO) which would prohibit the OHSAA from enforcing its NIL restriction.
Shortly thereafter, on October 20, 2025, the Court found that Mr. Brown was entitled to his TRO and ordered that the OHSAA is enjoined from enforcing Section 4-10 of its bylaws. And, as clarified by the judge, this order affects all high school athletes that are playing at OHSAA member schools.
This lift on the NIL ban lasts until the Court orders otherwise, with the earliest possible date being December 15, 2025 (the date of Mr. Brown’s preliminary injunction hearing on the NIL ban).
OHSAA’s Response
In response to this temporary lift, OHSAA Executive Director Doug Ute announced that an emergency referendum vote regarding NIL will go to member schools sometime between now and December 15. The last time the OHSAA’s member schools voted on any NIL proposal was in 2022, and it was shot down (538 to 254). His news release also noted that “if the membership votes in favor of a proposal, it would allow OHSAA member schools to shape the NIL bylaw.” However, if schools fail to do this, “the lawsuit and the future of NIL in Ohio will be determined by the court.”
What This Means for Ohio Athletes
For our readers, the takeaways are:
- As KJK previously discussed in its article on the pending House Bill 184, the rules and laws concerning NIL are changing swiftly.
- For the time being, Ohio high school athletes can be compensated for their NIL and should take advantage of this.
- However, it is crucial that these young athletes obtain adequate representation to avoid predatory or unfair contracts.
Contact
If you have questions about Brown v. OHSAA or what it could mean for your future NIL opportunities, please contact KJK Litigation attorneys, David Campbell (JDC@kjk.com; 614.427.5742) or Daniel Walsh (DJW@kjk.com; 614.427.5744).