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The NCAA has filed a federal lawsuit against Ohio Gov. Mike DeWine, arguing his recent executive action on athlete eligibility gives in-state programs an unfair edge and exceeds legal authority. The complaint asks a judge to block enforcement and declare the order invalid.
What the suit says
The governing body submitted a 39-page complaint Friday in the Southern District of Ohio, saying the order violates both the U.S. Constitution and Ohio law. The filing, made at the direction of the NCAA Board of Governors and Division I leadership, seeks an injunction to stop DeWine’s office from implementing the measure.
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The NCAA describes the governor’s move as a “misguided attempt” to grant Ohio colleges an “unfair, unprecedented, and unwarranted competitive advantage” at stadiums and arenas nationwide.
Why DeWine acted
DeWine signed the order on Tuesday in reaction to the NCAA’s new age-based eligibility policy. That policy allows student-athletes five years to complete five seasons of competition, counting from their 19th birthday or their first day of college enrollment—whichever comes first.
But the NCAA excluded players who entered college in 2022 and already used four seasons from receiving a fifth. Hundreds of those athletes have sued, seeking an extra year of eligibility.
DeWine’s executive order directs Ohio schools not to deny a fifth season to members of that 2022 cohort, provided they meet the age criteria and have no professional playing experience. Representatives for DeWine and for Ohio Attorney General Andy Wilson did not immediately respond to requests for comment.
Fair play and wider consequences
The NCAA argues the order would produce an uneven competitive landscape. “If state courts—or governors—can unilaterally change the rules to give certain schools competitive advantages, it will become impossible for all schools to compete on a level playing field,” NCAA president Charlie Baker said in a statement.
Baker, a former governor of Massachusetts, added he believes the order breaches state law. “I know something about this,” he said.
In its court filing the NCAA warns that allowing one state to make such a change could invite similar actions elsewhere, sparking a patchwork of differing eligibility rules that would complicate national competition.
Connection to ongoing litigation
The complaint notes DeWine’s order has already affected Borovicanin v. NCAA, the first lawsuit brought by members of the 2022 freshman class seeking a fifth season. Those players initially secured an injunction to play, but an appeals court later reversed that ruling.
Most recently, the Supreme Court of Ohio acknowledged the governor’s order and asked parties to explain how it might shape the court’s final decision in the Borovicanin case.
Political solution sought: federal legislation
Alongside the lawsuit, the NCAA is pressing Congress to pass the Protect College Sports Act, bipartisan legislation that cleared the Senate in September and was slated for House consideration in November. The association says the bill would codify its age-based eligibility rules into federal law and provide antitrust protection to enforce them going forward.
“While we are confident our complaint will succeed in federal court, the answer to this state-by-state and court-by-court race to the bottom is the bipartisan Protect College Sports Act,” Baker said. He urged NCAA members to contact their U.S. Representatives to support the bill so athletes nationwide compete under uniform rules.
