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

Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

Magic Silk Debuts 'Rush' Collection

Magic Silk has introduced its new Rush line of lingerie.

Playharda Introduces 'AquaPulse Trio' Shower Massager

Playharda Wholesale has debuted the AquaPulse Trio shower massager with interchangeable heads.

Sportsheets Releases New Training Video for 'Shadow' Collection

Sportsheets has released its latest training video, hosted by Brand Ambassador Rin Musick, featuring the Sex & Mischief line’s Shadow Collection.

Orion Debuts 'Ultimate Sex Stool' From 'The Banger' Line

Orion Wholesale has introduced the new Ultimate Sex Stool from its Banger line.

Kasey Kei Stars in Latest From Transfixed

Kasey Kei stars with Reese Rideout and reigning two-time XMAs Trans Performer of the Year Ariel Demure in the latest release from Transfixed.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Lilly Bell, Victoria Grant Front Latest From Transfixed

2025 XMAs Girl/Girl Performer of the Year Lilly Bell and Victoria Grant star in the latest release from Transfixed, titled "Telling Her Story."

Yhivi, Chanel Chance Lead Latest From Transfixed

Yhivi and Chanel Chance star in the latest release from Transfixed, titled "An Unexpected Craving."

Show More