Councilmember Isaiah Thomas’s Name, Image and Likeness Youth Protection Bill was reintroduced to City Council for the second time today after the legislation’s future was momentarily in jeopardy following a pocket veto from former mayor Jim Kenney days before his term ended.
The decision shocked Thomas, as Kenney never gave any inclination that a veto was a possibility. The bill, which was unanimously passed in City Council for the first time on Dec. 14, will go through the same process again.
If approved, the first-of-its-kind bill could help high school student-athletes gain pathways for NIL deals, scholarships or provide them with insight and safeguards for the business.
“I am shocked and deeply concerned as the bill was intended to protect underserved students and families,” Thomas wrote in a statement on Jan. 5. “It is our civic duty as legislators, and that of the mayor, to communicate with each other to get things done for all Philadelphians. I took on NIL as a legislative issue because our student-athletes are being taken advantage of.”
Thomas stayed persistent, even with the setback. He hosted a press conference at the Beasley School of Law announcing a partnership between his office and Temple on Jan. 24. The university has helped Thomas with the bill, and will help fund the hotline that is a part of their collaboration.
In November 2022, Thomas first introduced the bill, speaking openly about his plans to protect student athletes when Temple’s Beasley School of Law dean Rachel Rebouché first heard Thomas’ idea.
Rebouché mentioned Thomas’ bill to her colleague Kenneth Jacobsen, a law professor at Temple, and Jacobsen and Rebouché decided to reach out and form a partnership with Thomas.
“It paused for a couple of months because he was doing his reelection, and then it heated up over the summer,” Jacobsen said. “When we got together again and I said, ‘You made mention of this bill, and you know the assistance for high school students and we have that expertise in house at Temple, how can we be of help?’”
Thomas and Temple launched a hotline on Jan. 24, where Jacobsen, a Beasley law professor, and Temple law students can give legal advice about NIL policies to high school student-athletes looking to play at the collegiate level.
“I’m able to piggyback what [Thomas] is doing here locally, just to make sure that our student athletes are protected down here in the Philadelphia area,” said Pennsylvania State Sen. Jimmy Dillon. “To be able to take what we’re doing down here in Philadelphia and try and make it spread throughout the Commonwealth and make sure that our student-athletes are receiving the proper education as a financial literacy.”
NIL’s introduction in July 2021 changed the landscape of high school and college athletics. Before the bill, student-athletes were unable to legally profit from their name, image or likeness while keeping their eligibility. They can now sign endorsement deals and receive a portion of the money colleges have been making off the athletes already.
NIL in college athletics have drawn mixed feelings from fans and officials, with critics pointing to financial issues causing broader problems in the athletic space.
“The problem is, where there’s money, there’s abuse, and there are people that are willing to take advantage of athletes,” Jacobsen said. “You have people who want to sign athletes to deals, but if you don’t read the fine print, they’re signing away their rights for their lifetime.”
High school coaches and administrators are unable to assist athletes on financial decisions due to state restrictions. These restrictions bar someone like Thomas, who coaches high school basketball at Sankofa Freedom Academy, from helping his athletes if they come to him for guidance.
The hotline is available 24 hours a day and will let Philadelphians call to gain insight. Callers are greeted by either Jacobsen or a Temple law student with knowledge on the matter.
“We do not want to see any predatory contracts where young people will be put in a position with NIL be taken advantage of long after you’re out of high school,” Thomas said “You’ll receive financial literacy support, helping young people understand where and best practices as it relates to how to invest their money.”
Kenney’s pocket veto didn’t reject the bill’s language, but rather the financials of the bill. Many were afraid how much responsibility it would put on the city. If new mayor Cherelle Parker signs the bill into law, Temple will step in to make sure there is no cost on Pennsylvania taxpayers.
“I want to be clear: this doesn’t cost the city any money,” Thomas said. “This doesn’t cost Harrisburg any money. The reason this is a phenomenal public-private partnership is because Temple has agreed to own all the professional services that young people will need to help them navigate their way through the process.”
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