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Yoga Instructors File Lawsuit Against San Diego Over Citations for Offering Free Classes in Parks


In February 2024, San Diego revised its sidewalk vending ordinance to regulate commercial activities within its parks and beaches.

SAN DIEGO—On January 29, two yoga instructors, who had previously filed a lawsuit against the city of San Diego regarding the crackdown on non-permitted yoga classes, initiated a second lawsuit. One plaintiff contends that he was ticketed for livestreaming free yoga classes from home while students watched in a park.

The lawsuit, brought forth by Attorney Bryan Pease on behalf of Steven Hubbard and Amy Baack, states that both instructors had conducted free yoga classes in San Diego parks for many years—where donations were optional—prior to the city’s enforcement of new regulations on yoga classes at its parks last spring.

In February 2024, the San Diego City Council updated the sidewalk vending ordinance to manage commercial activities in its parks and beaches, with enforcement commencing in March 2024.

Under the revised ordinance, any commercial activities and services provided to four or more individuals that involve fees—regardless of being labeled as donations—must obtain the city’s authorization to utilize parks and beaches. Yoga is specified as one example of such “services,” which also includes massage therapy, dog training, fitness classes, and event staging for picnics.

Moreover, the ordinance restricts location options for fitness activities under which yoga classes are categorized. Many waterfront parks and beaches, including those where Hubbard and Baack had previously conducted yoga classes, are not among the approved sites.

The complaint lodged with the San Diego County Superior Court claims that Hubbard has received seven tickets from park rangers since the enforcement of the ordinance began.

The complaint asserts that “despite the language related to requiring a permit, in practice, the City, through the Mayor’s office, does not allow any permits to be issued for conducting yoga in shoreline parks or beaches, even though permits for similar activities are available.”

Hubbard had discontinued outdoor classes following ticket issuance and opted to host his classes online from home, as noted in the document.

According to the complaint, on November 9 and 10, 2024, park rangers issued citations to Hubbard for conducting yoga classes from his backyard and livestreaming it online via his phone, while some students observed the video from a nearby park.

The lawsuit does not specify the location of the park where Hubbard’s students were viewing the livestream. The Epoch Times attempted to contact Pease for a statement but did not receive a response prior to publication.

Benny Cartwright, spokesperson for the San Diego Department of Parks and Recreation, refrained from disclosing the park where Hubbard’s students were watching the online video, stating that the city could “not comment on ongoing litigation.”

“However, as a reminder to the community, the Parks and Recreation Department provides numerous venues throughout the Parks system that are ideal for services such as fitness and yoga classes,” Cartwright mentioned in an email to The Epoch Times. “Locations are chosen based on parking capacity and other considerations, including popular spots in Balboa Park and waterfront areas of Mission Bay Park,” he noted regarding the city’s park options for permitted fitness activities.

The lawsuit names both the City of San Diego and Mayor Todd Gloria as defendants. Representatives from both the mayor’s office and the city attorney’s office declined to provide comments on the litigation.

Hubbard and Baack had previously lodged a lawsuit against San Diego last year, claiming that the city’s enforcement of such gatherings infringed upon their First Amendment rights.

A court ruling on January 17 revealed that U.S. District Court Judge Cathy Ann Bencivengo found that Hubbard and Baack failed to demonstrate that the ordinance “limits their ability to discuss the philosophical or spiritual aspects of yoga in a public park.”

Nonetheless, the judge noted that one citation issued to Hubbard concerned him lecturing on yoga, which could indicate a First Amendment violation, as opposed to citations related to conducting yoga classes that pertain to behavioral conduct rather than speech.

Their earlier lawsuit continues to be processed in federal court.

City News Service contributed to this report.



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