The U.S. Court of Appeals for the Ninth Circuit has refused to reconsider a ruling that struck down San Diego\u2019s ban on group yoga classes in public parks and beaches.<\/p>\n
Not a single judge on the appellate court voted to rehear the case \u2014 a rare signal of unanimity that leaves the earlier ruling intact and the city\u2019s ban unenforceable.<\/p>\n
The ruling is another win for yoga instructors Steve Hubbard \u2014 known as \u201cNamaSteve\u201d \u2014 and Amy Baack, who sued the city last year.<\/p>\n
In June, a three-judge panel had ruled unanimously<\/a> that teaching yoga is protected speech<\/a> and that city officials had failed to show how the classes threaten public safety or prevent enjoyment of the city\u2019s shoreline parks, overturning a lower court\u2019s ruling.<\/p>\n The city appealed the Ninth Circuit decision, leading to Monday\u2019s order. A spokesperson for the City Attorney\u2019s Office declined to comment.<\/p>\n The legal battle stems from the city\u2019s 2024 amendment to its street vendor ordinance<\/a> that sought to clarify what types of activities qualify for free-speech protections in public spaces.<\/p>\n Under a 2018 state law that decriminalized sidewalk vending, cities were allowed to impose limited regulations if they focused only on health and safety, not keeping vendors out.<\/p>\n City officials argued that yoga \u2014 even when taught for free or by donation \u2014 is a commercial activity and not protected by the First Amendment. They grouped it in with massage, dog training, fitness classes, equipment rentals and companies that stage picnics or bonfires.<\/p>\n Officials said the restrictions were necessary to preserve public access to outdoor space. Commercial activities, they argued, can block pathways and obstruct scenic views.<\/p>\n They also said residents were upset by the increasing use of their favorite parks and beaches for commercial activities, including yoga classes.<\/p>\n