Former Kansas men’s basketball guard Melvin Council Jr. has officially moved his lawsuit against the NCAA — and request for a temporary restraining order to play basketball during the 2026-27 season — from Douglas County District Court in Kansas to Monroe County Supreme Court in his home state of New York.
Council’s representation is slated to appear in Monroe County Supreme Court at 11 a.m. Central on Wednesday, to present its case for a temporary restraining order from a judge to allow him to play a sixth season of college hoops — two at the JUCO level and fourth in NCAA Div. I.
In a document titled “Exhibit 3” presented to the Monroe County Clerk and posted on the New York Unified Court Website, Council’s representation indicated: “We will appear, in person, on September 9, 2026 at 11 a.m. (Central) at the Monroe County, New York Supreme Court … to present an Order to Show Cause with a Temporary Restraining Order seeking to enjoin, inter alia, Defendant NCAA, et al. from enforcing its bylaws, denial directive, and the rule of restitution so as to bar Mr. Council from practicing with, being listed on the roster of, or competing for a NCAA member institution during the 2026-2027 basketball season.”
If Council is granted the temporary restraining order, it is not a slam dunk he would return to KU. He could surface at another school if the Big 12 deems him a professional athlete because of his playing NBA summer league basketball.
He likely would have to prove to the league and KU he never signed an Exhibit 10 NBA deal with the New Orleans Pelicans (and never received money outside of reasonable expenses when with the team during summer league action in Las Vegas) if he wished to play at a league institution.
The Big 12 announced on Aug. 26 it “has unanimously adopted a Conference rule barring Big 12 member institutions from fielding professional athletes in any Conference-sponsored sport. No member institution may roster an athlete who has, at any time: Declared for the draft or supplemental draft of a Professional Sports League and did not timely withdraw before the draft; Been listed on the roster of a Professional Sports League or Signed a contract with any Professional Sports League to provide athletics services. This rule will apply independently of the status of NCAA eligibility determinations.”
Council maintains in his court filing in New York that after his request for a waiver to play a sixth season (at KU) was denied in May by the NCAA, “I continued to condition and train myself to stay in competitive shape at the elite level that I am used to and recognized for.”
He continued: “I have not signed an NBA two-way contract, a G League contract, an Exhibit 10 contract, or any other professional basketball contract. I did not declare for the 2026 NBA Draft, the supplemental draft, or any other professional league’s draft. I was invited to, and did, participate in the NBA Summer League tryout and exhibition games. In doing so, I did not receive any money for my participation beyond permissible expenses, and I have never stepped onto a basketball court as a member of a professional basketball team in any professional league.”
According to the lawsuit filed in New York, KU and representatives of other Div. I programs have told Council they will be able to offer an NIL contract if he is eligible to return to participation in college hoops.
Council’s representation in its filing against the NCAA indicated the Rochester, New York native refiled his lawsuit in his home state of New York “rather to confine his claims and athletic opportunities solely to the Big 12 Conference and KU. (Since the Big 12’s policy announcement) it was unclear whether KU would continue to offer an NIL contract to Mr. Council for the 2026-2027 season.”
Council maintains he should receive a fourth year of eligibility at an NCAA Div. I school because he played two seasons of JUCO ball that he feels should not count toward his overall collegiate eligibility. He played two years at Monroe College, one at Wagner, one at St. Bonaventure and one at KU.
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Gary Bedore covers KU basketball for The Kansas City Star. He has written about the Jayhawks since 1978 — during the Ted Owens, Larry Brown, Roy Williams and Bill Self eras. He has won the Kansas Sportswriter of the Year award and KPA writing awards.