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 © 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

Full Circle Debuts New Pleasure Products for 'Anal August'

Full Circle has introduced its Sparkle-LIT anal plug and My Buddy collection of rechargeable plugs.

Teasr Launches Live Shopping Platform for Creators and Sexual Wellness Brands

Teasr has officially launched its live-selling and social-shopping platform for wellness brands, creators, educators, and artisans.

B-Vibe Debuts 'Premium XXL' Collection

B-Vibe has debuted its Premium XXL collection of dildos and anal pleasure products.

Orion Debuts 'Love Balls' Collection From Cuties Line

Orion Wholesale has introduced the new Love Balls pelvic trainer collection from its Cuties line.

FSC Hails Members, Allies in SCREEN Act Victory

The Free Speech Coalition (FSC) released a statement today praising its members and allies after a successful lobbying effort to prevent the SCREEN Act, a nationwide age verification bill, from advancing out of the Commerce Committee for a full vote on the Senate floor.

Lovehoney Group Resolves Patent Disputes With Maia Toys, CalExotics, Doc Johnson

Lovehoney Group announced in a statement that it has settled patent disputes with Maia Toys, CalExotics and Doc Johnson Enterprises regarding products protected by the company’s intellectual property rights.

SCREEN Act Stalls in Senate Committee Over Technicality

The Senate Commerce Committee on Wednesday voted to approve the SCREEN Act, which would mandate nationwide site-based age verification of users seeking to access adult content online, but a procedural issue blocked the bill from advancing to the full Senate.

Lovense Debuts Upgraded 'Gush 2' Motion Sensing Masturbator

Lovense has introduced an updated version of its Gush 2 male masturbator, which now includes motion-sensing control capability.

Orgie Introduces New Wellness Products

Orgie has debuted three new wellness products.

Show More