
A federal appeals court says San Diego can’t ban yoga instructors from teaching classes on municipal beaches.
Steven Hubbard and Amy Baack sued the city, alleging a 2024 ordinance that barred teaching yoga to four or more people at beaches or shoreline parks without permission violated First Amendment protections.
U.S. District Judge Cathy Ann Bencivengo denied the teachers’ request for a preliminary injunction, which they challenged before the U.S. Ninth Circuit Court of Appeals. Judge Holly Thomas wrote the panel’s opinion, filed June 4; Judges Mary Murguia and Gabriel Sanchez concurred.
According to court records, Hubbard and Baack offer free yoga classes. Baack said park rangers met her at her usual teaching spot May 8, 2024, told her a class wasn’t allowed, returning to teach would be a criminal offense and the city doesn’t issue fitness class permits for any shoreline park. Hubbard said he got tickets for teaching yoga on May 18 and June 1 that year.
In July, Judge Bencivengo said the teachers hadn’t established how teaching yoga is “protected speech under the First Amendment,” found the San Diego ordinance to be content neutral — although it specifically addressed yogal classes — and said the city’s restrictions were appropriate as “there are other parks available” and the limits are balanced against interests of other San Diegans.
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Author: Faith Novak
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