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

XBIZ Expo Retail Trade Show Heads to L.A. LIVE Jan. 7-10

XBIZ Expo returns Jan. 7-10, 2027, at JW Marriott L.A. LIVE, where pleasure product manufacturers, distributors, retailers and other industry professionals will gather for four days of business, networking and entertainment.

Jennifer White Launches Official Site, Debuts 1st Release

Reigning XMAs Female Performer of the Year Jennifer White has launched her new website, JenniferWhite.com, and announced the first feature-length showcase from her new production company.

Beisar Introduces 'Pillar' Fantasy Vibrator

Beisar has debuted its new Pillar fantasy vibrating dildo.

Full Circle Brands Expands 'The Pleasure Company' Vibe Collection

Full Circle Brands has introduced four new devices from its Pleasure Company collection of vibrators and massagers.

Adult Game Fest Announces Nominees for Inaugural Awards Show

Organizers for the inaugural Adult Game Fest convention and trade show have announced the nominees for the event's awards ceremony, taking place Saturday, Sept. 26, at 5 p.m. (PDT).

Byborg Enterprises Joins Pineapple Support as Sponsor

Byborg Enterprises has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Blush Debuts 'Rowen' From 'EnLust' Collection

Blush has introduced the new Rowen dildo from its EnLust line.

XBIZ 2027 Hotel Room Booking Now Open

Hotel booking is now open for XBIZ 2027, giving attendees the opportunity to secure their stay at the host venue, JW Marriott L.A. Live.

FSC Case Against Tennessee AV Law Can Go Forward, Court Rules

A U.S. district court on Tuesday denied the Tennessee attorney general’s motion to dismiss a Free Speech Coalition lawsuit challenging the Protect Tennessee Minors Act.

AEBN Publishes Popular Searches for July, August

AEBN has published the top search terms for July and August from its straight and gay theaters in all 50 states and the District of Columbia.

Show More