Despite protests from several operators and a national coalition, New York has officially banned Pick ‘Em style daily fantasy sports offerings.

The New York State Gaming Commission today approved its daily fantasy sports (DFS) rules and regulations. The expansive rules place a prohibition on DFS offerings that mimic proposition bets, which places Pick ‘Em games squarely in the banned list of offerings.

The commission unanimously approved the rules.

Pick ‘Em Games Are Out

The Commission opened comments on the proposed rules this summer and closed the comment period in late September. The commission received several comments in favor of Pick ‘Em games, but did not amend the DFS rules.

The finalized rules do not include Pick ‘Em style DFS games, despite protests from PrizePicks, UnderDog Fantasy, and the Coalition for Fantasy Sports (CFS).

The CFS submitted a comment in favor of the Pick ‘Em style DFS games, in which customers play against the house and make over-under type selections on a combination of statistical outcomes for athletes. Participants have control of their own skill-based roster selection, CFS wrote, that substantially determines the outcome of the contest.

Additionally, the more than 4,000 form letters from PrizePicks customers were sent to the New York State Gaming Commission in support of Pick ‘Em fantasy sports.

Despite the comments and letters, the gaming commission passed the proposed rules and banned the Pick ‘Em style games.

The criteria for DFS games are clearly laid out in the rules.

“These would include statutory standards as well as a requirement that contests shall not be based on proposition betting and shall not have the effect of mimicking proposition betting. Contests in which a contestant chooses whether an individual athlete or a single team will surpass an identified statistical achievement would be prohibited,” a paragraph of the approved rules reads.

New York Latest State to Ban Pick Em’

New York is the latest state to lower the boom on the player-prop style Pick ‘Em DFS games.

Nearly two weeks ago the Florida Gaming Control Commission sent cease-and-desist letters to Underdog Fantasy, PrizePicks, and Betr regarding their Florida fantasy sports offerings.

The commission sent letters to the three companies on Sept. 19, which in part read “betting or wagering on the result of contests of skill, such as sports betting, including fantasy sports betting, is strictly prohibited and constitutes a felony offense unless such activity is otherwise exempted by statute.” The letters were first published by the Florida Regulatory Watch.

According to the three identical letters, which were signed by Louis Trombetta, executive director of the Florida Gaming Control Commission, fantasy sports betting is strictly prohibited under Florida law.

“Under Florida Law, betting or wagering on the results of skill, such as sports betting, including fantasy sports betting, is strictly prohibited and constitutes a felony offense unless such activity is otherwise exempted by statute.”

The letters go on to say that sports betting in the state may be only lawfully conducted pursuant to a gaming compact.

“I am hereby demanding you immediately cease and desist offering or accepting bets or wagers from residents of this state on the results of any contests of skill such as sports betting, including, but not limited to, bets or wagers made in connection with fantasy sports,” the letter reads.