COLUMBUS, Ohio (WCMH) - Ohio is one of seven states that have filed a lawsuit against the NCAA to challenge their transfer eligibility rule.
Ohio Attorney General Dave Yost held a press conference on Thursday to announce that he is leading a multistate lawsuit against the NCAA over a transfer eligibility rule that he claims is an illegal restraint on college athletes' ability to market their labor and control their education.
The rule that seven attorneys general are targeting requires college athletes who transfer among Division I schools to wait one year before competing in games, unless the NCAA waives the rule for a particular athlete. The NCAA began automatically exempting first-time transfers in 2021, but has continued to enforce the rule for subsequent transfers. This multistate lawsuit, which was filed in the U.S. District Court for the Northern District of West Virginia, seeks a temporary restraining order and preliminary injunction to keep the NCAA from enforcing the rule.
“The rule is riddled with so many exceptions that the NCAA cannot plausibly substantiate its prior justifications,” Yost said in a release. “We're challenging it in order to restore fairness, competition and the autonomy of college athletes in their educational pursuits.”
Yost said that the rule is a clear violation of the Sherman Anti-Trust Act, which was the first federal act to outlaw monopolistic business practices.
Around six weeks ago, Yost sent a letter to the NCAA expressing concerns regarding the eligibility status of second-time transfer Aziz Bandaogo, a 7-foot center for the University of Cincinnati basketball team whose appeal for a waiver was denied in November.
“Not only is that decision wrong as a matter of common sense and decency, it is also likely illegal,” Yost wrote.
Bandaogo has now been cleared to play, but the rule remains a concern for student-athletes who may seek a transfer in the future. One issue raised by Yost was the inconsistency with which the transfer rule is applied.
Notable athletes to transfer during their college years include Heisman-winners Joe Burrow and Baker Mayfield, as well as former Ohio State quarterback Justin Fields.
The other six states participating in this lawsuit include Colorado, Illinois, New York, North Carolina, Tennessee, and West Virginia.
