Cheerleaders Strip Club say they deserve access to federal COVID funds, lawsuit | News | Pittsburgh | Pittsburgh City Paper

Cheerleaders Strip Club say they deserve access to federal COVID funds, lawsuit

Pittsburgh strip club Cheerleaders and several other strip clubs across the country recently filed a lawsuit against the U.S. Small Business Administration in a Pennsylvania federal court, claiming the federal agency is freezing them out of COVID-19 relief funding for bars and restaurants.

In the suit, seven companies who own a total of eight strip clubs throughout Pennsylvania, Maryland, New Jersey, South Carolina, and California argue that the Small Business Administration rules unfairly denied them access to the Restaurant Revitalization Fund because these strip clubs were classified as “prurient,” or arousing too much sexual desire.

“The SBA determines whether a business presents live performances of a prurient sexual nature without having ever visited the establishments or having viewed the live performances at the establishment,” reads the complaint. “Plaintiffs do not present live performances of a prurient sexual nature on their premises. All of the performances on plaintiffs' premises appeal to normal, healthy, sexual desires."

Cheerleaders, which is located in the Strip District, hosts live, nude performances of local and national touring acts. It has also been praised for its cuisine, and has been serving food at its Pittsburgh location throughout the pandemic, when restrictions allowed the club to operate.

The suit alleges that “prurient” classification leading to denied funds violates the club’s First Amendment rights of free expression, and their Fifth Amendment rights of due process.

According to the complaint, which was filed on May 14, the SBA had adopted federal codes from 1995 which generally say the government could deny SBA loans to businesses that "present live performances of a prurient sexual nature."

According to legal publication Law360, the plaintiff’s lawyer Brad Shafer noted several of the plaintiff companies were owned by veterans, who were among the groups who were supposed to be first in line for the relief funds.

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