Exhibit C (60 Fed. Reg. 64356) — DV Diamond Club (E.D. Mich.)

Summary

Exhibit C to the verified complaint in DV Diamond Club of Flint, LLC v. U.S. Small Business Administration, Case 4:20-cv-10899-MFL-DRG (E.D. Mich.), filed April 8, 2020 as ECF No. 1-4. The three-page exhibit reproduces pages of an SBA proposed rule on business loan programs published in the Federal Register, Vol. 60, No. 241, on Friday, December 15, 1995. The proposal consolidates Parts 108, 116, 120, 122 and 131 of 13 CFR into a new Part 120. Its explanation states that SBA has determined it may exclude small businesses engaging in lawful activities of an obscene, pornographic, or prurient sexual nature, citing Miller v. California and Rust v. Sullivan. The proposed list of ineligible businesses includes those that present live performances of a prurient sexual nature.

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