The NCAA sued Ohio Gov. Mike DeWine in federal court Friday, Oct. 16, escalating a fight over college athlete eligibility that touches Lakota West graduates competing at the college level.

The lawsuit, filed in the U.S. District Court for the Southern District of Ohio, asks a judge to block DeWine's Executive Order 2026-04D and declare it unconstitutional, WLWT reported. DeWine signed the order Tuesday, Oct. 13, giving Ohio colleges the option to let Class of 2022 athletes play a fifth season despite NCAA rules barring them, as we reported Oct. 15.

NCAA President Charlie Baker called the lawsuit "an extraordinary step" taken at the direction of the NCAA's Board of Governors and Division I Board of Directors, according to a statement on NCAA.org. Baker said DeWine's order attempts to "compel Ohio colleges and universities to ignore NCAA eligibility rules to the disadvantage of thousands of student athletes and institutions across the country."

The complaint raises three claims: that the order violates the U.S. Commerce Clause by giving Ohio schools an unfair edge, that it violates the First Amendment by providing schools legal cover to break NCAA rules while keeping their memberships, and that DeWine exceeded his authority under state law.

DeWine's office declined to comment on the litigation, the Columbus Dispatch reported.

The dispute centers on the NCAA's new eligibility model, adopted in June. The model gives Division I athletes five seasons over five years. The clock starts at age 19 or first full-time enrollment. The 2022 high school class was not grandfathered in, making it the last group denied a blanket fifth year. Hundreds of athletes from that class have filed lawsuits nationwide.

The stakes are personal in West Chester Township and Liberty Township. Lakota West's Class of 2022 sent 48 athletes to college programs, according to the Firebirds' athletics page. That class included linebacker Alex Afari Jr., who played 10 games for the University of Kentucky under a court injunction before a Kentucky appeals court ruled him ineligible Oct. 2. Afari earned first-team Division I All-Ohio honors as a Firebird senior in 2021 under coach Tom Bolden.

Another Lakota West graduate, defensive back Malik Hartford, transferred to UCLA after three seasons at Ohio State. Hartford was a four-star recruit and the Greater Miami Conference (GMC) Defensive Player of the Year as a senior in 2022, according to UCLA's transfer tracker. Because DeWine's order covers only Ohio institutions, it would not directly restore eligibility for Lakota alumni playing out of state.

The legal picture is moving fast. The Ohio Supreme Court stayed an appeals court ruling in the Borovicanin v. NCAA case and ordered both sides to file briefs by 5 p.m. Monday, Oct. 19, ESPN reported. Xavier forward Filip Borovicanin played in an exhibition against Tennessee on Thursday, Oct. 15, after DeWine's order put him back on the eligible list.

Baker said the NCAA does not believe the Ohio Supreme Court's order declared those players immediately eligible. None of Ohio's eight Division I programs have publicly commented on the order, ESPN reported, though CBS Sports reported all eight reportedly backed it.

The U.S. Senate passed the Protect College Sports Act (PCSA) on Sept. 28 by a 77-22 vote. The bill would give the NCAA a limited antitrust exemption to enforce eligibility rules. The House has not voted on it and is on recess until after the November midterm elections.