Wake County judge clears way for public school athletes to profit from Name, Image and Likeness

RALEIGH, N.C. (WTVD) -- A Wake County judge cleared for way for public school student-athletes to profit from their Name, Image and Likeness (NIL)

Superior Court Judge Graham Shirley ruled from the bench Tuesday granting a motion for preliminary injunction, ABC11 has learned.

He directed plaintiffs to prepare an order finding that the General Assembly intended that public school athletes would use their NIL and for the State Board to create rules permitting that use, according to Mike Ingersoll, an attorney with Womble Bond Dickinson LLP. Shirley enjoined the current temporary rule prohibiting NIL for public school athletes, and in its place, ordered that the State Board of Education's proposed permanent rule for next year be in effect until the litigation is complete.

"That will be the law of the land in this case until we get to the end of the lawsuit," Ingersoll said.

The State Board of Education made a proposal that would allow public school students in grades six through 12 to capitalize off their Name, Image, and Likeness. Their proposal was set to go to a vote in January, with implementation proposed for July 1. The judge's ruling Tuesday sped up that process.

Once Shirley's written order is signed, public school athletes can sign NIL deals.

"The QB at Apex High School can come over to Bojangles, Lowes, do commercials, sign trading cards, endorsement deals...what NIL is," Ingersoll said.

"We are extremely happy with the Court's well-reasoned decision today, which we believe was the right outcome," Ingersoll said. "In an effort to collaborate and work cooperatively, we recently proposed a consent injunction to the State Board of Education, through its attorneys, that is similar to the injunction the Court ordered from the bench today, but the State Board declined our offer to work together to find a mutual solution. Nevertheless, the correct outcome was reached today. We are proud to work with the Brandon family and are excited for our client and the opportunities he will soon be able to maximize upon entry of the Court's written order."

The lawsuit was originally brought by Rolanda Brandon, the mother of Greensboro Grimsley star quarterback Faizon Brandon, one of the nation's top high school players.

"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 through her attorney on Tuesday. "We want to thank our lawyers, Mike Ingersoll and Matthew Tilley, and the entire team at Womble Bond Dickinson for working so diligently on this case for us. We would also like to thank our family, friends, community, and all of those who have offered support during our time of waiting for this decision. We humbly appreciate you all."

Brandon, a 6-5, 195-pound junior, has verbally committed to the University of Tennessee.

"Today's court order is aligned with the State Board of Education's most recent action in this matter, which is the product of the Board's careful deliberation," State BOE Chairman Eric Davis said. "We have not seen the final court order yet, but this could result in earlier implementation of our proposed permanent rule. Until such time as the final court order is entered, however, the temporary rules are still in effect."

The North Carolina High School Athletic Association declined to comment.