Yoga classes return to San Diego beachfront park after appeals court deems them ‘protected speech’

SAN DIEGO (AP) — Steve Hubbard was back teaching yoga in a San Diego beachfront park on Thursday, the day after a federal appeals court ruled against the California city’s ban on his classes in shoreline parks and beaches.

“We’re all happy to be back,” Hubbard, who is known as “NamaSteve,” said as at least a dozen mat-toting enthusiasts wrapped up class beneath towering palm trees with a view of waves crashing onto Pacific Beach.

The decision by a three-judge panel of the U.S. 9th Circuit Court of Appeals came after Hubbard and another instructor sued over a 2024 law that barred yoga classes in shoreline parks and beaches in San Diego for at least four or more people — a move local officials said was aimed at a range of activities to ensure that public spaces are truly available to all members of the public.

The panel found the ordinance violated the instructors’ rights and that teaching yoga is “protected speech.”

San Diego is known for its picturesque beaches and bountiful sunshine and visitors flock to the city to surf, swim and spot sea lions— especially during the peak summer season.

City attorneys wrote in court filings the rule isn’t specific to yoga but to commercial activity, and Hubbard’s classes can draw as many as 100 people who give donations for each class ranging from $5 to $40.

“The City’s legitimate governmental interests in this case include the preservation, safety, and orderly use of its parks and beaches by all visitors and residents who visit them,” San Diego’s attorneys wrote in court papers, adding that the city and county drew 32 million visitors in 2023.

A hearing is scheduled for Thursday afternoon to discuss the details of the appellate ruling, which calls for the ordinance to be put on hold for the instructors while their case is pending.

The San Diego city attorney’s office declined to immediately comment on the case and said in a statement it is evaluating the ruling.

Hubbard said he was cited at least ten times since the ordinance took effect for classes that he said are free since payment isn’t required and anyone can attend. He said he has not yet gone to court on the citations.

Rather, outdoor yoga is a service to those who are disabled or can’t afford yoga classes elsewhere, said Bryan Pease, an attorney for the two instructors.

“It is a popular thing here. We’re a beach community, and it’s a way for people to access yoga that they wouldn’t otherwise be able to,” Pease said.

Due to the ordinance, Pease said his clients began streaming classes from his backyard, which is across the street from the beachfront location. His students continued to gather to follow him online, and Pease said Hubbard was cited by a park official for running classes in the park even though he wasn’t there.

At the Pacific Beach park, yoga student John Noack said he previously tried studio classes but didn’t like them and relishes the exercise he gets from practicing outside with an ocean breeze.

Noack, who has attended Hubbard’s classes for four years, said he thinks the group was targeted because wealthy homeowners in the area didn’t want so many people in their oceanfront views.

“I personally see this as a triumph of community over a handful of elites,” Noack said.

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Taxin reported from Santa Ana, Calif.