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

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 as unconstitutional.

CalExotics Expands 'Aura' Collection

CalExotics has expanded its Aura collection with three rechargeable bullet vibrators and two dual-action massagers.

Orion Debuts 5 New Styles From 'Cottelli Party' Line

Orion Wholesale has expanded its Cottelli Party line with five new styles.

California Legislature Passes Stricter UGC Rules for Adult Sites

A bill to impose tighter compliance standards for user-generated content (UGC) on adult websites has been approved by the California state legislature and now awaits the governor’s signature.

Blush Introduces 'Aurora' Dildo From Avant Line

Blush has debuted the Aurora dildo from its Avant Collection.

Womanizer Introduces 'Liberty 2 Leopard Edition' Stimulator

Womanizer has debuted its new Liberty 2 Leopard Edition clitoral stimulator.

Honey Play Box Taps Aly Kennel for Sales Rep Role

Honey Play Box has added Aly Kennel to its sales team.

Womanizer Debuts 'Beauty' Stimulator

Womanizer has debuted its new Womanizer Beauty clitoral stimulator.

California, Florida Reps File Latest Bill to Repeal Section 230

Two members of Congress on Thursday introduced new legislation to repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Show More