Councilmember Isaiah Thomas proposes Philly NIL Youth Protection Act

At-Large Councilmember Isaiah Thomas introduced protections to the Philadelphia City Council last week in an effort to protect youth athletes who enter into NIL agreements. Thomas posted on Twitter that if the Philly NIL Youth Protection Act is passed, Philadelphia will be the first city to pair education and protection with high school athletes’ NIL deals.

The Philadelphia City Council will need to pass the Philly NIL Youth Protection Act and then Mayor Jim Kenney will need to sign the act for it to take effect.

“When you look at what’s happening all across the country as it relates to collegiate athletes being able to get paid for their name, image and likeness, we know that it’s trickling down to the high school level,” Thomas said at a recent city council meeting. “We anticipate in the Commonwealth of Pennsylvania that there will be rules to allow young people to be able to receive some form of compensation for their image and likeness this December so to get ahead of it, I wanted to make sure we offer some protections to young people who might one day get an NIL deal to assure that they have the supports that they need to put them in position where they’re not being taken advantage of.

“When you think about some of the opportunities that exist, these are opportunities that can change a young person’s life but at the same time, we also know there’s a lot of predatory behavior that exists whenever money is involved.”

Pennsylvania Interscholastic Athletic Association doesn’t allow NIL deals

The Pennsylvania Interscholastic Athletic Association (PIAA) currently doesn’t allow high school athletes to engage in NIL activities and retain their eligibility. The PIAA’s constitution and bylaws state that an athlete loses amateur status if the athlete “enters into a contract to represent a corporation, organization or similar entity in competition or by appearing in public on behalf of such entity.”

An amendment to the PIAA’s constitution and bylaws will allow athletes to enter into NIL deals if the amendment passes a vote in December, according to the Pittsburgh Post-Gazette.

“We are expecting PIAA to allow student athletes to receive NIL deals,” PIAA District XII Chair Michael Hawkins said in a statement published by the Philadelphia City Council. “PIAA is excited to see youth athletes rise to fame in Philadelphia but we need to make sure this rise is done responsibly. We are grateful to PIAA XII board member and basketball coach, Councilmember Isaiah Thomas, for putting young people first.”

The number of states with athletic associations that allow for NIL deals is growing. There are currently 19 states, plus the District of Columbia, where high schoolers can pursue NIL opportunities.

Here you can view the On3 high school rules database.

Details of the Philly NIL Youth Protection Act

The ordinance would apply to high school students who are Philadelphia residents and whose family has an adjusted annual gross income of $150,000 or less. If the ordinance passes, the managing director of the program will establish a program for applicable students to receive up to five hours of billable hours of legal and financial representation.

The managing director will also “develop educational materials that are generally rich and written in easily understood language” that provide data about NIL deals, as well as benefits and risks.

The ordinance states that on Aug. 31 of each year, the managing director will submit a written report to the president and chief clerk of the city council. The report will detail the number of students served, the representation they received and “metrics evaluating outcomes.” It will also be posted online.