Wire Act Applies Only to Sports - What About "Sport of Poker"

The DOJ released a memo today that has the poker world abuzz, and for good reason.
Essentially, the memo is an opinion from Assistant Attorney General Virginia Seitz that clearly states that the Wire Act only applies to a "sporting event or contest."
Players around the United States as well as lobbyists are rejoicing after the great news. However, Lon McEachern in passing said the following:
@lonmceachern @PokerScar "...that do not relate to a âÂÂsporting event or contestâ Hmm, guess we'll not refer to wsop as a sporting event anymore : -O
So, because I have to poke things with a stick, it got me to wondering.
Many consider poker to be a sport. It is even recognized as a "mind sport."
If poker is a sport, wouldn't it violate the Wire Act?
Of course, many of us also agree that poker is NOT a sport by any means.
Look at the number of "big guys" (political correct for fat asses), including myself, that play the game and have varying degrees of success.
While many claim that you need to be in peak physical shape to do well over a long term, there are plenty of examples to the contrary.
Poker is a game. It is a game involving both skill and luck. You need very little physical effort to play the game.
As such, logically, it cannot be considered a sport. That is all.
However, if you must continue to consider it a sport, I'm sure the DOJ would love to debate the legalities of the "sport of poker" as it relates to the Wire Act.
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