Chicago State's Bewley Brothers Denied Restraining Order, Remain NCAA Ineligible

OTE alumni and former five-star recruits players have next hearing on December 14

On Tuesday, U.S. District Judge Robert Gettleman denied two Chicago State basketball players - Matt and Ryan Bewley - motion for a temporary restraining order (TRO). If granted, this relief would have reinstated their NCAA eligibility for a minimum of 14 days or until a hearing for preliminary injunction is ruled upon.

The twin brothers and former five-star high school recruits and athletes at Overtime Elite Academy (OTE) – a private school and basketball league providing an “alternative pathway” for basketball players aged 16-20 – filed suit in federal court after a recent NCAA determination denied their eligibility for competition after they each accepted a $100,000 salary per season to compete with OTE.

The NCAA decision came one week before their first scheduled contest as members of the Chicago State basketball program.

The lawsuit, filed in the U.S. District Court in the Northern District of Illinois, alleges that the NCAA’s decision denying the Bewley Brother’s eligibility violates Illinois NIL law (Illinois Student-Athlete Endorsement Rights Act) and federal antitrust law.

The two main factors analyzed in a ruling for a TRO are the likelihood of success on the merits and irreparable harm. In a gross oversimplification, the two questions asked by the court are: Is there a chance this case can be won by the party seeking a TRO? And will not granting provisionary relief in the form of a TRO cause significant harm that can only be avoided by its issuance?

If both those answers are yes, a TRO can be issued.

Even though the district judge denied the issuance of a TRO, the Bewleys’ chances to suit up for Chicago State this season are not dead. A hearing for a preliminary injunction has been scheduled for December 14.

The two main factors considered in the request for a preliminary injunction are the same as a TRO. However, the analysis of irreparable harm is based upon the longer duration of relief provided by a preliminary injunction.

Now, irreparable harm will be looked at beyond the 14-day relief period granted by the TRO and analyzed as a longer-scale remedy.  For a preliminary injunction, the court will look to see if irreparable harm would be caused by keeping the brothers ineligible during the pendency of litigation.

Litigation can take a very long time.  The brothers missing out on the beginning of their freshman campaign may not have been emergent enough or constituted enough irreparable harm to issue a TRO; however, missing an indeterminate amount of time while antitrust lawyers squabble might satisfy the irreparable harm component for a preliminary injunction.

If Judge Gettleman rules in favor of the Bewley Brothers on December 14 and issues a preliminary injunction they will immediately become eligible and remain able to suit-up until a final ruling on the case is decided.