Tampa Area Adult Businesses File Lawsuit Challenging SBA's 'Prurient' Clause

Tampa Area Adult Businesses File Lawsuit Challenging SBA's 'Prurient' Clause

TAMPA, Fla. — A group of Tampa Bay, Florida adult businesses have filed a lawsuit challenging the “prurient” clause in the Small Business Administration’s loan application form, which can be interpreted to discriminate against sexually oriented businesses.

According to a Tampa Bay Times report, Fantasyland Adult Supercenter and Charlotte’s Cabaret in Tampa, Silks in Palm Harbor and Diamond Dolls in Clearwater, along with several other adult businesses in Florida, “are suing the Small Business Administration, its administrator and U.S. Treasury Secretary Steven Mnuchin in federal court in Tampa.”

The lawsuit, the report continues "calls the policy regarding adult businesses discriminatory and unconstitutional and says employees were 'engaged in First Amendment protected expression.'"

As XBIZ reported in March when the loans were first offered by the federal government, the “prurient” clause on the SBA loan application form replicates mid-1990s, Clinton-era language designed to discriminate against sexually oriented businesses.

The form compels applicants to declare that they do 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” is an imprecise, obscure word that means “appealing to unhealthy sexual interests” and was used by the U.S. Supreme Court in a landmark 1973 ruling. Members of the adult entertainment community and First Amendment lawyers have pointed out that people who do not consider their sexual expression “unhealthy” are exempt from application of the “prurient” clause.

The Florida establishments suing the SBA had to close in March due to COVID-19 precautions, and asked the federal government for help through the SBA’s $660 billion Paycheck Protection Program.

Their applications, according to the Tampa Bay Times, were denied.

Their lawsuit contends that their businesses “appeal to a healthy interest in basic human sexuality.”

There are similar lawsuits pending in Michigan and Wisconsin, where judges granted preliminary injunctions in favor of the loan applicants.

The Florida lawsuit, the Tampa Bay Times continues, “similarly asks for an injunction and for the businesses to be considered for the loans on their merits.”

Copyright © 2025 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

Pjur Sponsors Düsseldorf's Sex Now Exhibition

Pjur is sponsoring Sex Now Exhibition at NRW-Forum in Düsseldorf, running through May 3, 2026.

Angelface Baddies Debuts 'Daddies for Baddies' Line

Wellness brand Angelface Baddies has introduced its new Daddies for Baddies line of men's wellness products.

Aylo Fined $5 Million as FTC, Utah Settle Safety Practices Complaint

The Federal Trade Commission and the state of Utah on Wednesday settled a complaint against Aylo, requiring the company to pay a $5 million penalty and implement measures to prevent illegal content from appearing on its sites.

Orion Debuts 'RC Vibrating Butt Plug' From 'Anos' Line

Orion Wholesale has introduced the RC Vibrating Butt Plug with Flexible Arms from its Anos line.

Playharda Wholesale, Pure Envy Ink European Distribution Deal

Playharda Wholesale has signed a deal with pleasure brand Pure Envy for distribution in the U.K. and Europe.

XR Brands Launches 'Creature Cocks' Line

XR Brands has introduced its new Creature Cocks collection of men's underwear.

Tenga Launches 2025 Christmas Advent Calendar

Pleasure brand Tenga has launched a 2025 Christmas Advent calendar, now available for pre-order.

The Dungeon Store Debuts 'Thing Noir' Violet Wand Attachment

The Dungeon Store has released the Thing Noir violet wand conductive e-stim accessory.

Pjur, Magasin du Nord Partner for 'Flex Area' Campaign

Pjur and retail brand Magasin du Nord have partnered for the wellness brand’s Flex Area campaign.

Kheper Releases New 'Think Like a Slut' Party Game

Kheper Games has released the new "Think Like a Slut" party game.

Show More