Ninth Circuit Court unanimously rejects California city's attempt to ban beach yoga

"The ruling is another win for yoga instructors Steve Hubbard known as NamaSteve and Amy Baack, who sued the city last year. In June, a three-judge panel had ruled unanimously that teaching yoga is protected speech and that city officials had failed to show how the classes threaten public safety or prevent enjoyment of the city's shoreline parks, overturning a lower court's ruling. The city appealed the Ninth Circuit decision, leading to Monday's order."

"The legal battle stems from the city's 2024 amendment to its street vendor ordinance that sought to clarify what types of activities qualify for free-speech protections in public spaces. 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. City officials argued that yoga even when taught for free or by donation is a commercial activity and not protected by the First Amendment."

The Ninth Circuit refused to reconsider a ruling that struck down San Diego's ban on group yoga classes in public parks and beaches, leaving the earlier decision intact and the ban unenforceable. No appellate judge voted to rehear the case, producing unanimous affirmation of the panel outcome. A three-judge panel had ruled that teaching yoga is protected speech and found city officials failed to demonstrate threats to public safety or impairment of shoreline park enjoyment. The legal dispute arose from a 2024 amendment to the city's street vendor ordinance and debates over whether yoga constitutes commercial activity under a 2018 state law.

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