Disaster Relief Application Explicitly Excludes 'Prurient' Sex Workers, Adult Businesses

Disaster Relief Application Explicitly Excludes 'Prurient' Sex Workers, Adult Businesses

WASHINGTON, D.C. — The federal application for COVID-19-related disaster relief for small businesses, issued by the Trump administration’s U.S. Small Business Administration (USSBA) this week, explicitly disqualifies any sex worker or sex oriented business who may derive income from “presenting live performances of a prurient sexual nature” or “through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.”

On the first page of the application, the USSBA asks potential applicants for economic relief to first check if they do not belong to one of the disqualifying categories, which include “engaging in any illegal activity (as defined by Federal guidelines),” being a deadbeat parent with delinquent child support obligations, legal gambling, lobbying or having a conflict of interest by being a member of Congress or a government entity.

The longest exclusion, which appears to be deliberately worded to target the largest segment of sex workers and sex-related businesses possible, states:

“Applicant does not present live performances of a prurient sexual nature or derive directly or indirectly more than de minimis gross revenue through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.”

The word “prurient sexual nature” has a very specific meaning to U.S. advocates of state censorship of sexual expression, as it is one of the terms used by courts as part of “the Miller test” (also known as “the three-prong obscenity test”).

The Miller test, developed in the 1973 case Miller v. California, is used by courts all the way up to the United States Supreme Court for determining whether speech or expression can be labeled “obscene,” making it unprotected speech under the First Amendment.

The first part of the Miller test tries to determine whether "the average person, applying contemporary community standards,” would find that “the work, taken as a whole, appeals to the prurient interest.”

In theory, sex-oriented businesses and sex workers incorporated as a small business — the number of which has dramatically increased after California passed AB5, aka “the Uber law” over regulating freelance employment  — could attempt to apply for the federal relief claiming their activities are not “prurient.”

Then, after costly litigation, courts would have to apply the Miller test, standard jurisprudence in obscenity cases, requesting that courts and judges provide an interpretation of what “the "average person” can find offensive.

Several U.S. courts — which have been newly packed with conservative and religious judges in the last three years under Trump, after Sen. Mitch McConnell blocked all judicial appointments during the last years of the Obama administration — would then have to determine what “prurient” (and perhaps even “obscene”) is, which is something advocates of state censorship have been increasingly requesting when it comes to sexual expression.

To read the U.S. Small Business Administration’s application for disaster relief, which may disqualify the majority of sex workers and sex-related businesses under a “pruriency clause,” click here.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ from their supervision of financial institutions.

Kasey Kei Stars in Latest From GenderX

Kasey Kei stars with Jade Radd and Sage Roux in the fourth installment from the new GenderX title, "Trans Honey Trap #5."

Brittney Kade, Jessica Ryan Front New Transfixed Release

Brittney Kade and Jessica Ryan star with and Sage Roux in the latest release from Transfixed, titled "Menage a Trans #10."

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Amy Nosferatu, Bobbii Rose Lead Latest From TransAngels

Amy Nosferatu and Bobbii Rose star in the latest release from TransAngels, titled "Hot Loads Only."

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Metro Distributors Taps Nancy Cosimini for Sales Account Manager

Metro Distributors has hired industry veteran Nancy Cosimini as its newest sales account manager.

Show More