Legal Memo Reports | The Legal Edge: NIL
February 11, 2026
A Quick Welcome
This week, we are diving into Ohio House Bill 661, the legislative move that could strip NIL rights away from every high school athlete in the state. We’ll break down the "Red Lights" of current OHSAA rules and give families the 4-step blueprint they need to protect their child’s eligibility before the August 2026 deadline.
Glad to have you in the room, let’s get to work.
[IMPORTANT NOTICE]: This newsletter provides general educational insights. Please see the full legal Disclaimer at the bottom of this email before acting on any information.
What Families Need to Know About HB 661
The Athlete Caught in the Middle
Meet “Alex,” a junior soccer player at a Cincinnati high school with 10k TikTok followers. She signs a compliant OHSAA NIL deal with a local smoothie shop. If House Bill 661 passes, Alex loses her soccer eligibility for the season, even if her deal followed every current rule.
The stakes are high: The Ohio High School Athletic Association (OHSAA) only recently permitted NIL in late 2025 following a landmark lawsuit. Now, Ohio HB 661 threatens to slam the door shut before most families have even explored the marketplace. Let’s break down the rules as they stand today versus the proposed ban.
Today’s Rules: What OHSAA Currently Allows
Ohio became the 45th state to permit high school NIL after a massive shift in late 2025. Following the Brown v. OHSAA lawsuit, where a Franklin County judge issued a Temporary Restraining Order (TRO) against the previous ban, OHSAA member schools voted 447–121 to allow NIL deals with strict guardrails.
Green Lights ✅
Local Endorsements: Car washes, apparel brands, and local business sponsorships.
Social Media: Monetizing content off school grounds.
Education-Based: Deals are permitted as long as they aren't "pay-for-play."
Red Lights ❌
No School Branding: You cannot use school uniforms, logos, or mascots in any NIL activity.
Restricted Categories: No gambling, alcohol, tobacco, cannabis, or firearms.
Reporting: All deals must be disclosed to the school/OHSAA within 14 days.
⚡ Pass the Edge: Help Your Network Navigate the Chaos
From CSC federal audits to state-level reversals like HB 661, NIL rules and regulations are changing faster than most families can keep up with. If you found this briefing useful, please forward this email to 3 friends, whether they are in Ohio, California, or Florida.
Help us keep the national athlete community informed, compliant, and protected.
HB 661: What Changes if It Passes
Introduced earlier this month by State Reps. Adam Bird and Mike Odioso, HB 661 is a direct legislative override of the OHSAA’s new bylaws.
The Ban: The bill prohibits student-athletes from earning compensation from the use of their NIL if that compensation is "connected to" their participation in sports.
The Penalty: An automatic loss of eligibility in the specific sport tied to the compensation. (You could theoretically stay eligible for soccer while losing eligibility for basketball if the deal was "hoops-related").
The Timeline: Currently in the House Education Committee. Sponsors want this signed into law by August 2026.
Lawmakers’ Case: “Protecting Kids from NIL Chaos”
Sponsors argue that high school sports should remain an "extension of the classroom."
Rep. Bird: Claims NIL distracts from character building and leadership, turning amateur sports into a "professionalized" environment that small schools cannot manage.
Rep. Odioso: Believes the "greed" of NIL will create recruiting imbalances and damage team chemistry by creating "classes" of athletes.
Notably, this bill would flip Ohio back to an outlier, as neighboring states like Kentucky already allow NIL, while Indiana remains a holdout.
Pushback: Why Families and Advocates Say No
Advocates argue this is a violation of basic economic rights.
The Precedent: The Brown lawsuit (led by mother Jasmine Brown for her son, an OSU commit) argued that the previous ban cost athletes tens of thousands in legitimate market opportunities.
Equal Protection: Attorney Luke Fedlam has pointed out that musicians, coders, and tutors in high school are allowed to profit from their talents, why should athletes be singled out?
Government Overreach: Opponents view HB 661 as an unnecessary intervention in a system where OHSAA "guardrails" are already effectively preventing pay-for-play abuses.
The Path Forward: Compromise or Full Ban?
The House Education Committee hearings have exposed cracks in the bill’s support. Some Democrats have suggested a "sunset" provision to review data after two years rather than an outright permanent ban. However, with strong GOP support, a full House vote could happen by June. If passed, expect a new wave of litigation challenging the state's authority to override the previous court-mandated NIL rights.
Close: 4 Steps for Ohio Families Right Now
Don’t panic, but act with precision:
Review existing deals against the current OHSAA bylaws immediately.
Consult an NIL advisor (lawyer or agent) before signing any multi-year deal that extends past Summer 2026.
Monitor the bill progress at ohiohouse.gov.
Engage with the OHSAA and parent advocacy groups to voice your position to the House Education Committee.
NIL is evolving fast. Stay compliant, stay informed.
Disclaimer: This newsletter provides educational insights and general information related to the legal side of Name, Image, and Likeness (NIL). It does not constitute legal, financial, or professional advice, and should not be relied upon as such. This content is for informational purposes only, and you should always consult with a qualified professionals for advice tailored to your specific situation.
NIL laws are constantly evolving, and the information provided might not be the most current at all times.