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Ohio Allows High School Athletes to Earn Money From Their Name, Image and Likeness After Antitrust Fight

By  |  November 24, 2025
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Ohio high school athletes can now earn money from their name, image and likeness, a shift that took effect immediately after member schools of the Ohio High School Athletic Association (OHSAA) approved an emergency referendum. The move follows mounting antitrust pressure and a court order that temporarily prevented the association from enforcing its previous ban.

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    According to Reuters, the vote — held between Nov. 17 and Nov. 21 — ended with 447 schools in favor, 121 opposed and 247 abstaining. The OHSAA announced the results on Nov. 24, clearing the way for high school athletes to pursue NIL opportunities and making Ohio the 45th state to legalize such arrangements.

    The referendum came in response to a lawsuit filed by Jasmine Brown on behalf of her son, Jamier, an elite wide receiver prospect from the Dayton area and an Ohio State recruit. Per a Reuters account of the legal filings, the lawsuit argued that the OHSAA’s restrictions had cost the family over $100,000 in potential endorsements. On Oct. 20, Judge Jaiza Page issued a temporary restraining order blocking the OHSAA from enforcing its NIL prohibition while the case moved forward.

    OHSAA Executive Director Doug Ute acknowledged the shift, saying in a press release: “We would like to thank our member schools for taking ownership of this NIL bylaw proposal. Whether our schools or individuals agree with NIL at the high school level or not, the courts have spoken on this issue across the country that the NCAA and high school athletic associations cannot prevent a student-athlete from making money on their NIL.”

    Read more: Female Athletes Challenge NCAA’s $2.8 Billion Settlement on Title IX and Antitrust Grounds

    The dispute placed the association under heightened antitrust scrutiny, as courts nationwide have increasingly questioned restrictions that limit athletes’ commercial rights. According to Reuters reports on similar cases in other states, judges have signaled that bans on NIL earnings may violate competition principles when they block individuals from leveraging their market value.

    The OHSAA had already been considering revisiting its NIL policy after a similar measure failed in 2022. But the lawsuit accelerated the process, allowing the organization to call for a mid-year vote. Officials said that acting through a referendum rather than through the courts gave the association the ability to establish its own regulatory framework.

    Under the newly approved rules, student athletes are prohibited from accepting deals linked to gambling, controlled substances or other “inappropriate” products or services. NIL activities also cannot be used for recruiting or tied to athletic performance — guardrails that OHSAA leaders say were essential to include as the landscape shifts.

    Without the passage of the measure, the future of NIL regulation for Ohio high school athletes would have been left to the courts. For now, the association has opted to regulate the fast-moving NIL market itself, while legal pressure and antitrust scrutiny continue to shape the national debate.

    Source: Reuters