NCAA Basketball: California bill becoming law is just the first step
By Neil Adler
The debate over the ability of student-athletes who play NCAA basketball to earn endorsement money is heating up, thanks to California’s lead.
California Gov. Gavin Newsom has signed a bill that would enable student-athletes to profit off their own name, image and likeness, setting up a showdown in NCAA basketball and other collegiate sports between politicians and the NCAA, as well as other stakeholders.
Newsom revealed on Twitter that he has signed into law the Fair Play to Pay Act, which would go into effect in 2023 and make it illegal for California schools to strip student-athletes of their scholarships, or their eligibility if they generate money from their name, image and likeness. In his tweet, Newsom said, “Colleges reap billions from student-athletes but block them from earning a single dollar. That’s a bankrupt model.”
I applaud this move by Newsom, and I sincerely hope that, in the near future, other states follow California’s example. It’s way past due that student-athletes, regardless of the sport for which they compete, should have the right to obtain endorsement revenue.
Interestingly enough, NBA superstar LeBron James, a vocal advocate of the California bill, joined Newsom for the formal signing of SB 206. James, in a tweet, said that he’s “so incredibly proud to share this moment with all of you.” He added that the Fair Play to Pay Act allows “college athletes to responsibly get paid.”
Naturally, the NCAA issued a statement in response to Newsom’s decision. “As a membership organization, the NCAA agrees changes are needed to continue to support student-athletes, but improvement needs to happen on a national level through the NCAA’s rule-making process. Unfortunately, this new law already is creating confusion for current and future student-athletes, coaches, administrators and campuses, and not just in California.”
The statement continued by saying that the NCAA “will consider next steps in California while our members move forward with ongoing efforts to make adjustments to NCAA name, image and likeness rules that are both realistic in modern society and tied to higher education.”
The NCAA did announce in mid-May that it had formed a working group to examine the name, image and likeness issue, and a final report from this group is due to the NCAA’s board of governors in October.
This news out of California certainly puts pressure on the NCAA, and it could result in other states passing similar measures. Such a possible domino effect perhaps will force the NCAA to adopt changes sooner rather than later. Per an ESPN.com article, other states that are contemplating comparable laws are Florida, New York, Washington, Colorado, Maryland, North Carolina and South Carolina.
To that end, the NCAA retorts that “a patchwork of different laws from different states will make unattainable the goal of providing a fair and level playing field for 1,100 campuses and nearly half a million student-athletes nationwide.”
If that’s truly the case, then the NCAA has a responsibility to modify its policies now so that the playing field is equal, and student-athletes across the country may produce income from their name, image and likeness.