Ohio Gov Mike DeWine defies NCAA eligibility rule with executive order for student-athletes

Ohio Gov. Mike DeWine signed an executive order Tuesday allowing colleges and universities in the state to decide whether athletes who graduated from high school in 2022 can compete for a fifth season. The order challenges a new that excludes those athletes.

"When the rules change, fairness has to remain part of the equation," DeWine, a Republican, said in a statement. "We want Ohios student-athletes to have the same opportunity as student-athletes in other states."

Under DeWines order, Ohio colleges and universities may allow eligible athletes to compete despite position that those who have already played four seasons cannot receive another year of eligibility.

In a statement exclusively obtained by OutKick, Ryan Downtown, an attorney representing a group of athletes in a key eligibility case pending in an Ohio court, said: "We are thankful that Gov. DeWine took action to ensure that all student-athletes in Ohio are treated equitably with their peers. Hopefully, the NCAA will stop its misguided quest to deny the Class of 2022 the same fifth year offered to everyone else. If not, we hope other governors will follow suit."

Sources told OutKicks Trey Wallace Tuesday night that other governors could "follow suit" with their own versions of similar orders as soon as next week.

The NCAA pushed back against DeWines order Tuesday. In a memo to the organizations member schools, which was also obtained by OutKick, NCAA President said DeWine "cannot legislate NCAA eligibility rules."

"One elected official seeking to make their own rules for their own schools advantage is a terrible way to run athletic competitions," Baker wrote. He also urged Congress to pass the , a sweeping bill that aims to establish guardrails for how colleges compensate athletes and what those athletes can challenge in court. Baker added, "This is precisely why Congress must pass the PCSA as soon as possible."

Bakers statement continued:

"And not only did NCAA members vote unanimously to implement the age-based eligibility change in this way, the Ohio Court of Appeals just recently agreed with that decision.

"The Ohio Court of Appeals isnt alone in siding with the NCAA on this issue. Multiple appellate courts have now recognized the importance of consistently applying NCAA eligibility rules and the significant disruption that results when eligibility standards vary from institution to institution or state to state.

"The NCAA will protect the interests of all member institutions and student-athletes."

There was no immediate response from any of Ohios eight Division I programs, including Big Ten powerhouse Ohio State, Big 12 member Cincinnati and six Mid-American Conference schools.

JUDGE GRANTS INJUNCTION AGAINST NCAA, SEC, ALLOWING ATHLETES WITH NFL TIES ELIGIBLE TO PLAY FOR LSU, OTHERS

The NCAA eligibility rule is being challenged in multiple courtrooms across the country, with plaintiffs saying it is both unfair to the class of 2022 and deprives them of the chance to earn money off their celebrity through NIL deals and share in revenue now flowing from schools to their athletes under the House settlement.

The Ohio order came the same day a key eligibility case, Wisne v. NCAA, saw a new development involving how the players would establish the economic harm they say they suffered as a result of the eligibility change.

A lower-court judge initially sided with the players, granting all NCAA athletes who graduated from high school in 2022 a fifth year of eligibility for the current school year.

An appeal