GARFIELD HEIGHTS, Ohio — For 45 days, Ohio high school athletes can cash in on Name, Image and Likeness deals.
RELATED: Judge grants temporary order allowing high school athletes in Ohio to profit from NIL deals
Franklin County Common Pleas Court Judge Jaiza Page issued her order on Monday, which could allow all students who are part of the 818 schools in the Ohio High School Athletic Association to enter into their own NIL deals.
The 45-day TRO prevents the OHSAA from enforcing its bylaw that prohibits a student-athlete from being compensated for his/her Name, Image and Likeness.
The order follows a lawsuit that was filed on Oct. 15 against the Ohio High School Athletic Association (OHSAA) by a Franklin County high school football player's mother.
His mother and attorneys stated that he has already missed out on more than $100,000 in potential NIL deals.
OHSAA Executive Director Doug Ute has announced that an emergency referendum vote regarding NIL will go to member schools sometime during the 45-day window.
The OHSAA Board of Directors meets this Thursday and will determine the voting dates. Each member's high school has one vote, cast by the principal.
"We anticipated a lawsuit would come any day, and our Board of Directors has already approved the language of an NIL bylaw referendum for our schools to vote on,” said Ute. “We are thankful for the 45-day window so our schools will have time to learn more about this referendum and to vote on our proposed language for NIL.”
Ohio is one of six states that have rules in place that don't allow high school athletes to accept payments for their name, image and likeness. The others are Alabama, Indiana, Michigan, Mississippi and Wyoming.
If the membership votes in favor of a proposal, it would allow OHSAA member schools to shape the NIL bylaw. If schools do not vote in favor of the referendum, the lawsuit and the future of NIL in Ohio will be determined by the court.
The full text of the proposal will be announced Thursday, but in summary, the proposed new bylaw would allow student-athletes to enter into an agreement and be compensated for their name, image and likeness through appearances, licensing, social media, endorsements and/or the use of branding based on their public recognition or notoriety.
The proposal would also establish reporting procedures and limitations so that students do not jeopardize their eligibility as it relates to the OHSAA’s recruiting and amateur bylaws.
Although the TRO happened less than 48 hours ago, local high school athletes like Marcus Johnson are already seeing offers.
RELATED: Garfield Heights' Marcus Johnson, top-ranked basketball player in state, commits to Ohio State.
"He's getting nonstop DMs on Instagram. Everybody's sounding great, everybody sounds like they got the best deal, so I mean it's a pretty unique situation," Marcus's dad, Sonny, told me on Tuesday.
Sonny said he's gotten at least seven calls regarding NIL deals.
"The contacts we have been receiving are looking pretty promising," he said.
Sonny said when the news of the TRO dropped on Monday, he had a pinch-me moment.
"I didn't believe it. I had to call like 10 people just to clarify that this is something that's really happening," Sonny said.
Sonny said his son is deserving of this opportunity and couldn't be more proud of the reputation he's built.
"He is the best player I've ever coached here. He's a special player. I'm happy to be his dad and I'm happy to be his coach," Sonny said. "He loves God. I think putting Him first in anything you do makes you a special person and a special kid, you know, the blessings of that is always special, and he works extremely hard. He's one of the hardest working kids I've ever been around. He wants to be great. He expects to be great."
Sonny said Johnson has been playing basketball since he was about five or six years old.
"We had him playing against third and fourth graders. It taught him how to play against older guys and it made him pretty special," Sonny added. "I live for my family. Nothing else matters than that, and just to see him have these opportunities that can be life changing opportunities, I'm just a proud father."
Marcus said being the greatest player he can be is important, but making his family proud takes the cake.
"I wanna make my dad proud as I can, my mom, my grandma, my whole entire family. I know they support me at the highest level, you know, so I just got to keep working hard, keep making them proud," Marcus told me.
He said seeing the NIL opportunities he's bringing in will hopefully make his family even more proud of him.
"Of course, I wanna get paid for playing basketball, but my main thing is just getting better," Marcus said. "Having NIL in Ohio is definitely a great thing for me and my family."
He calls the NIL offers he's received thus far a blessing.
"Do you know what you would want to do with all that money?" I asked him.
"Definitely take care of my people for sure, my dad, my mom, my siblings, you know, and then probably save it, invest it for my future and my kids and my family," Marcus said. "I just hope that they (OHSAA) wanna agree with it. I definitely hope they pass it for sure."
Sonny added, "Keep it going. Don't shut it down in 45 days. Let's keep it rolling. It's life-changing for a kid, you know, everybody's not going to the NFL or everybody's not going to the NBA. Kids can capitalize on it now."
There's been an argument circulating on social media that high school athletes are too young for NIL deals, so I asked Sonny what his response to that is.
"I don't think they're too young. That's when parenting comes in. I'm not a parent that's going to try to benefit off of what he's able to get for himself. At the end of the day, if you're that parent, you're going heart first for your kid and wanting to see them do well in life," Sonny told me.
In 2022, OHSAA member schools voted down the OHSAA’s first NIL proposal by more than a two-to-one margin (538 to 254).
The next court hearing in this case is scheduled for Dec. 15.
