So how will this play out? Some player for a California school will sell tee shirts with his likeness or autographs or something. The school wonāt be able to discipline him because it violates state law. Then the NCAA will take action against the school. Maybe ban them from post season or chop scholarships or something.
Then what? Does the school or state, if itās a state university, sue the NCAA? If so it will work itās way through the legal system for a while until it gets to the SCOTUS. It seems to me that the player has the right to sell his likeness but that the NCAA has the right to set amateurism rules and can punish schools that violate those rules.
Except that contracts that require illegal action are legally void. The NCAA cannot enforce "amateurism rules" that are illegal - to do so, is...
wait for it...
illegal.
An organization cannot enforce a rule that requires someone to take an illegal action. These legal precedents are literally hundreds of years old; it won't take courts very long to issue injunctions preventing the NCAA from enforcing its "rules" that require California schools to do something that is illegal (think months or even weeks, not years).
This really is forcing the NCAA's and P5 conference's hands. The college athletic landscape is going to look dramatically different in 3-4 years time.
About the only way "out" that I can see (presuming CA doesn't fundamentally alter the law, and even this way out might require some tweaking) is for some sort of separate trust to be formed wherein the proceeds from selling the kids' likeness, etc are placed, to be distributed later.
Whether that's a collective trust, or individual trust, I can't foresee - although a large part of me thinks it should be a collective trust to provide at a minimum, lifetime health and disability benefits for injuries incurred by any/all players. It would be nice if the trust was financially successful enough to also provide job training, career assistance, etc.
If the NCAA transforms itself into an organization that really cares about, and takes care of the student athletes instead of a vehicle to maximize college sports profits, it might survive.
Who am I kidding? Presuming this goes through, the NCAA is toast.