California Says Checkmate: Exploring the Nation’s First Fair Pay to Play Act and What It Means for the Future of the NCAA and Female Student-Athletes

20 Wake Forest J. Bus. & Intell. Prop. L. 203

On September 30, 2019, in the presence of NBA superstar Lebron
James and internet-sensation Katelyn Ohashi, California Governor
Gavin Newsom signed Senate Bill 206 into law—the first bill in the
nation to allow college student-athletes to profit from their name, image
and likeness (“NIL”). The battle for student-athlete pay has largely
been fought by student-athletes themselves in the courtrooms of the
nation. Today, NCAA student-athletes have found a new champion for
their cause: the California legislature. Since its inception in 1906, the
NCAA has rarely had to challenge legislation attempting to regulate its
actions as a private regulatory institution. The passing of California
Senate Bill 206 presents a new opportunity to test the makeup of the
NCAA against our current societal values surrounding the rights of
student-athletes. Even before the landmark O’Bannon decision in
2015, the conversation surrounding the structure of the NCAA has
largely been guided by one question: are student-athletes entitled to
payment?