Judge: Public school athletes can receive NIL money

A Wake County judge has ruled that public school athletes in North Carolina can profit off their name, image and likeness, countering a policy establsihed by the state Board of Education.

Multiple news sources reported that Superior Court Judge Graham Shirley granted a preliminary injunction in a lawsuit filed by the mother of Grimsley High School quarterback Faizon Brandon, a top-rated recruit who's committed to Tennessee. The decision stops a policy previously adopted by the board which permitted NIL payments only to private school athletes.

Rolanda Brandon, Faizon's mother, said in the lawsuit filed in August that the board exceeded its authority under Senate Bill 452 that allowed it to regulate NIL policy. According to the lawsuit, Brandon, rated the No. 1 overall college prospect in the class of 2026 by 247Sports, was approached by a national trading card company about a deal exchanging signed memorabilia prior to his high school graduation for a substantial amount of money structured over time.

WRAL reported the change will not take effect until after a written order is signed, Brandon family lawyer Mike Ingersoll said. It is up to Ingersoll to write the order, according to the judge. He hopes to have it done by the end of the week.

Shirley ruled that the state board's proposed permanent rule for name, image and likeness, which could go into effect at the state of the 2025-26 season, will be the new rule now.

"We are extremely happy with the Court's well-reasoned decision today, which we believe was the right outcome," Ingersoll said in a statement.

Brandon's mother also celebrated the ruling.

"It's been a long and hard fight, but we are grateful to God that justice has been served, not only for Faizon but for all public high school students in North Carolina," Rolanda Brandon said in a statement, also reported by WRAL.

The proposed rule is still in its public comment period. Several members of the State Board of Education expressed skepticism about the rule, but voted to proceed with the permanent rule process in September.

NIL has been unavailable for public school students since a temporary policy went into effect July 1 and remains until the permanent ruling is decided. The NCHSAA, predominantly comprised of public schools, voted 15-3 to approve a policy during spring meetings in May 2023 that would allow NIL profiting for its athletes, but the policy scheduled to take effect on July 1 was never put into place due to Senate Bill 452 and the board's policy.