NCAA sues Ohio governor over executive order on athlete eligibility

The NCAA filed a federal lawsuit on Friday against Ohio Gov. Mike DeWine, three days after he signed an executive order permitting state universities to allow athletes who graduated from high school in 2022 to play a fifth year of college sports. The move defies the NCAA’s new eligibility rule, which excludes those who have already completed four seasons.

NCAA President Charlie Baker described the lawsuit, filed in federal court in Ohio, as an “extraordinary step” intended to prevent DeWine from making it “impossible for all schools to compete on a level playing field.” The complaint argues that the governor is attempting to give Ohio institutions “a hall pass” from following national rules.

Legal Grounds and Constitutional Claims

The 41-page complaint, filed in the U.S. District Court for the Southern District of Ohio, asserts that DeWine’s order violates the U.S. Constitution and state law. The NCAA argues the order unlawfully burdens interstate commerce in violation of the Commerce Clause by conferring an advantage on in-state institutions. Additionally, the lawsuit claims the order undermines the NCAA’s First Amendment rights by providing legal cover for Ohio schools to maintain membership while flouting association rules.

The NCAA also contends that DeWine lacks the authority to order Ohio colleges and universities to roster ineligible athletes. The association seeks a judicial declaration that the executive order has no “force of law” and requests an injunction prohibiting its enforcement.

Impact on Ohio Programs and National Chaos

DeWine’s office declined to comment on the litigation. The executive order applies to public and private universities in Ohio, including eight Division I programs such as No. 4 Ohio State and Cincinnati. None of these programs have publicly commented on the order, though Lt. Gov. Jim Tressel, a former championship-winning coach, touted the move. Tressel stated, “It's important we do not deprive our current student-athletes of the same opportunities enjoyed by their peers.”

The lawsuit highlights the broader instability in college sports governance. Danny White, the athletic director at Tennessee, reacted to the NCAA’s announcement on social media by saying, “This whole thing has become comical.” The NCAA’s filing notes that recent legal actions have “unquestionably destabilized college sports,” with mixed results for the association in various state and federal courts.

Ongoing Litigation and Federal Legislation

The Ohio Supreme Court has agreed to determine the legality of the executive order. In a related case, Borovićanin v. NCAA, the court paused an appeals court ruling that had declared Class of ’22 athletes ineligible. Basketball player Filip Borovićanin is the lead plaintiff in that case, which also involves football players and other athletes whose status is in jeopardy.

The NCAA has long advocated for federal legislation to stabilize eligibility rules. The Senate has passed the Protect College Sports Act, which aims to provide such protections, but its fate remains uncertain in the House during this election year. The association argues that excluding the Class of ’22 from the five-year rule was a decision made to minimize harm to the incoming class of high school recruits, who would have been displaced if veterans were allowed another year.

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Sources

• nypost.com: NCAA suing Ohio gov over executive order allowing schools to ignore new eligibility rule
• sports.yahoo.com: NCAA files lawsuit against Ohio Gov. Mike DeWine over state executive order on fifth-year players - Yahoo Sports
• apnews.com: NCAA sues Ohio governor over his executive order allowing schools to ignore new eligibility rule | AP News
• toledoblade.com: NCAA sues Ohio governor over his executive order allowing schools to ignore new eligibility rule | The Blade
• cbssports.com: NCAA sues Ohio Gov. Mike DeWine over executive order on fifth-year players - CBS Sports

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.