In a significant ruling on June 4, a federal appeals court lifted the city of San Diego’s ban on free yoga sessions conducted in public outdoor areas.
This landmark decision enabled local yoga practitioners to return to the beaches, where classes had previously been prohibited without a permit.
However, the city has responded defiantly by seeking a full appellate review, aiming to reinstate the controversial ban on yoga and fitness classes in public spaces.
Officials maintain that the ordinance is essential for regulating commercial activities within public areas.
The recent ruling overturned a lower court’s decision that had previously upheld the city’s ordinance, which classified yoga classes with four or more participants as commercial activities requiring permits.
Moreover, the court issued a preliminary injunction preventing any enforcement of this ordinance.
Ibrahim Ahmed, communications manager for the San Diego City Attorney’s office, stated, “We are unable to comment on pending litigation.”
The plaintiffs in the lawsuit, yoga instructors Amy Baack and Steven Hubbard, were motivated to challenge the city’s outdoor yoga ban after Baack faced almost arrest while teaching a session at Sunset Cliffs over a year ago.
The legal representation for Baack and Hubbard comes from Pease Law, APC, based in Point Loma.
Reacting to the city’s decision to appeal the June 4 ruling, Pease expressed little surprise.
He remarked on the city’s possible motivations for battling a free community wellness activity, suggesting that a decade-old memo indicating the city’s capability to impose such a ban might involve some ego.
Pease noted, “I don’t know what role, if any, that plays in this.”
He emphasized that the city faces significant hurdles in their legal quest to reinstate the outdoor yoga ban.
In this appeal, the city intends to ask the full Ninth Circuit Court of Appeals to consider the case.
The Ninth Circuit, broadly encompassing multiple Western states including California and Alaska, consists of 29 judges from which a panel of 11 judges is randomly selected.
Pease pointed out, “There is no basis for revisiting it. I would say there is next to zero chance that it’s going to be heard by the panel.”
In response to the city’s appeal, Hubbard expressed feelings of outrage, which he shares with many others following this confusing saga that seemingly targets beach yoga participants.
The sentiment is that the city’s actions represent poor governance, consistently appearing to align with business interests rather than serving the community’s desires.
Pease criticized the city for prioritizing the fight against outdoor yoga, suggesting they could instead focus on tackling issues like consumer fraud or looting.
The appeals court’s decision to reverse the yoga ban stems from First Amendment protections, which encompass various fundamental freedoms including assembly and speech.
Originally, the ban was part of a broader street vendor ordinance, signifying a class of activities requiring permits to ensure safety and management of public spaces.
The city argued that the ordinance was necessary to preserve order in communal areas.
San Diego Mayor Todd Gloria’s stance on beach yoga corresponds with existing regulations that necessitate permits for groups of four or more engaging in recreational activities considered commercial.
He maintains that even voluntary donations for services can be deemed illegal under city code.
Since 1993, the municipal code has mandated permits for commercial activities like yoga when four or more individuals are involved.
Recent code updates have clarified which activities require permits and reinforced the prohibition of all forms of payment for services, extending even to donations.
Park rangers, police, and lifeguards are responsible for enforcing these regulations in the interest of public safety.
Until the recent ruling in June, Hubbard had been unable to teach outdoor yoga for nearly a year due to the city’s restrictions.
During this time, he resorted to livestreaming yoga sessions from his backyard via YouTube.
Hubbard argues that free outdoor yoga sessions play a vital role in making yoga accessible to the broader community, including individuals with disabilities and those on fixed incomes or facing financial hardships.
image source from：timesofsandiego
