Family of Wayne football star Averette-Brown sues OHSAA over NIL policy

The lawsuit alleges Averette-Brown has missed out on more than $100,000 in potential NIL deals, according to reports from the Columbus Dispatch and other news outlets. The lawsuit is seeking a change in OHSAA bylaws to allow high school student-athletes to be compensated through NIL deals.

NIL deals have been authorized in 44 states, plus the District of Columbia, said attorney Luke Fedlam, a partner with Amundsen Davis Law Firm who is representing the family.

“High School student athletes, especially at the elite level, have opportunities to be able to engage in name, image and likeness, but they need to be authorized by their state high school athletic association to be able to do that, and that’s what this lawsuit is all about,” he said.

“When you think about an athlete wanting to perform at the highest level, there’s training costs and recovery costs, and there’s risk that when every day that goes by, especially for football student athletes, and with any student athlete, there’s a risk of injury that could completely change their career.

“And so the time is now for the Ohio High School Athletic Association to be able to allow high school student athletes here in Ohio to be able to earn compensation from their name, image and likeness.”

The lawsuit says Averette-Brown has been offered a trading card deal worth “more than six figures,” Fedlam said.

The lawsuit seeks a temporary restraining order “enjoining OHSAA from enforcing its NIL prohibition (Bylaw 4-10),” as well as an “order requiring OHSAA to permit Ohio high school athletes to participate in NIL opportunities consistent with Ohio law and public policy.”

A hearing is scheduled for Monday, according to the Franklin County Clerk of Courts website.

“The longer Ohio goes without allowing (NIL), the higher, the larger the risk of student athletes, potentially from the state to go to other schools and or other states where name, image and likeness is allowed,” Fedlam said.

Averette-Brown committed to Ohio State earlier this year. He entered spring ranked the No. 1 prospect in Ohio, the No. 1 receiver and the No. 3 prospect overall nationally in 247Sports Composite rankings for the Class of 2027.

The lawsuit does not affect his status to play this week, Fedlam said.

“We’ll be having conversations with OHSAA and look forward to a swift resolution,” Fedlam said.

The OHSAA would most likely vote on an emergency referendum to allow student-athletes to be compensated for name, image and likeness, and it could come by the end of the month, according to the Akron Beacon-Journal. The exact date of the referendum vote is to be determined in the next few days.