Yogis practice during a class led by Yoga + Beer in Riverfront Park on Wednesday, Sept. 4, 2024 in Salem, Ore. After class, yogis are encouraged to support local businesses in downtown Salem.
San Diego, California – A federal appeals court has ruled that San Diego’s ban on yoga classes in shoreline parks and beaches violates the First Amendment, handing a significant legal victory to local instructors who argued the policy unconstitutionally restricted free expression. The decision from the 9th U.S. Circuit Court of Appeals reverses a lower court ruling and places a preliminary injunction on the city’s enforcement of its ordinance against outdoor yoga instruction.
The ordinance, revised in early 2024, expanded restrictions on commercial activity in public spaces to explicitly include yoga and fitness classes. Under the new language, instructors were prohibited from teaching in parks or beaches without a permit, and in certain areas such as Sunset Cliffs and Pacific Beach, permits were unavailable altogether. The city’s rationale hinged on maintaining public access and safety in recreational spaces. But the court found that the law impermissibly targeted a form of expressive conduct—teaching yoga—without demonstrating a valid public interest justification.
At the heart of the case were instructors Steven Hubbard and Amy Baack, who filed a federal lawsuit after being cited for leading small yoga gatherings in city parks. Their case gained attention when Hubbard was also cited for livestreaming yoga classes from his home, which could be viewed by people in city parks. In both instances, they argued, their rights to free speech and peaceful assembly were being infringed by city policy.
The court agreed, ruling that teaching yoga, even in a public setting, qualifies as protected expression. Because the ordinance directly addressed and limited that activity based on its content, the panel concluded it amounted to a content-based restriction subject to heightened scrutiny. The city, the court said, failed to show a legitimate threat to public safety or enjoyment that would justify such a sweeping limitation.
San Diego’s ordinance had drawn criticism for its lack of consistency, banning yoga while allowing other gatherings like tai chi or poetry readings. The ruling found that this inconsistency undercut the city’s argument that its goal was neutral regulation of commercial use.
While the ruling halts enforcement against Hubbard and Baack, it leaves broader questions unresolved. The court did not issue a final judgment on the overall legality of the ordinance itself, meaning the case could continue through further litigation or municipal revision.
In the meantime, yoga instructors across San Diego are once again free to lead classes in parks and beaches—a return, at least temporarily, to a more open interpretation of public space and expressive freedom.
