High School Sports

Miami high school baseball star suing Florida over NIL rules

When the NCAA and state laws across the country finally allowed college athletes to profit off their image, the inevitable next step was for high school athletes to also find ways to capitalize on their name, image and likeness.

Right now, high school athletes in Florida cannot, but a Miami baseball star and high-profile local attorney are hoping to change the state laws.

John Ruiz, who gained notoriety when he unveiled a proposal for a Miami Hurricanes football stadium in Coral Gables last month, and Westminster Christian infielder Sal Stewart announced at a news conference Monday they have filed a class-action lawsuit against the Florida High School Athletic Association to allow athletes to profit off their name, image and likeness.

“Ultimately, the declaration that is being sought in the lawsuit is to find these laws unconstitutional, against trade. These are monopolies,” Ruiz said. “These schools, for the most part, all have to sign up with the FHSAA ... and if you don’t abide by the FHSAA rules, as either a school or an athlete, then you become ineligible or they sanction you.

“Many other states don’t have rules like the state of Florida has and therefore some other athletes that live in other states do not have to abide by the same rules that student-athletes in Florida have to abide by.”

Ruiz also said he is suing the NCAA, seeking “unspecified damages it claims college athletes would have received if the NCAA’s current limits on NIL compensation had not existed,” he said in a statement announcing the lawsuit.

Entrepreneur, businessman, and attorney, John H. Ruiz talks to Miami Herald reporter Samatha Gross, at his house in Coral Gables on Wednesday, December 08, 2021. He wants to build a stadium for the University of Miami in Coral Gables.
Entrepreneur, businessman, and attorney, John H. Ruiz talks to Miami Herald reporter Samatha Gross, at his house in Coral Gables on Wednesday, December 08, 2021. He wants to build a stadium for the University of Miami in Coral Gables. Pedro Portal pportal@miamiherald.com

While the suit against the NCAA is nebulous, the case against the FHSAA has a chance to be monumental and Stewart is a worthy face. Stewart, who pitches and plays all over the infield, is committed to the Vanderbilt Commodores, projects as an early-round pick in the 2022 MLB draft and tied for first in the All-Star High School Home Run Derby last year at the 2021 MLB All-Star Game.

“Everybody knows the time that it takes to be an athlete. I put a lot of time and effort into it and I feel like I shouldn’t be jeopardized from being able to [capitalize] off my image, name and likeness,” Stewart said. “It’s something that I’ve worked very hard for, something that I’ve put a lot of effort into, I’ve sacrificed a lot, so I don’t see why I wouldn’t be able to excel and prosper off my name.”

However, the press conference itself — like some of Ruiz’s recent public endeavors in the sports world — was chaotic.

The press conference was streamed on Zoom and no one was automatically muted upon entry, leaving a cacophony of voices and stray noises over Ruiz’s opening statements. There was also not any vetting on the participants on the call, as evidenced by one unnamed participant screen sharing a Pornhub video for more than a minute and a string of explicit, racist and homophobic comments in the chat. Ruiz also used a not-insignificant amount of time to promote a new app — he said he has offered a $50,000 deal to Hurricanes striker Gilbert Frierson, who’s one of the plaintiffs in the suit, to promote LifeWallet — and his family’s podcast.

Ruiz claims he would also ink a $50,000 sponsorship agreement with Stewart if state laws would allow it.

Said Ruiz: “There are a lot of opportunities for the players.”

This story was originally published January 10, 2022 at 5:29 PM.

David Wilson
Miami Herald
David Wilson, a Maryland native, is the Miami Herald’s utility man for sports coverage.
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