Yoga in the park is an expression of free speech, federal appeals court says

Reversing a lower court decision, a 9th U.S. Circuit Court of Appeals panel on Wednesday sided with two yoga instructors who said the city of San Diego's ban on teaching the popular exercise in its shoreline parks violates the First Amendment.

"Teaching yoga is protected speech," Judge Holly A. Thomas wrote for the panel. "The City's prohibition on teaching yoga in shoreline parks is content-based and fails strict scrutiny." Hubbard et al. v. City of San Diego et al., 2025 DJDAR 4566 (9th Circ., filed July 26, 2024).

Thomas' order reversed U.S. District Judge Cathy Ann Bencivengo's denial of a motion filed by plaintiffs Steven Hubbard and Amy Baack. The panel concluded the instructors were likely to succeed on their as-applied First Amendment claim and remanded the case with instructions to grant a preliminary injunction in their favor.

The ruling followed an oral argument in March in which 9th Circuit judges grilled San Diego Deputy City Attorney Manuel Arambula about why yoga appeared to be singled out compared to other things that can be taught, such as Shakespeare or tai chi.

The city bars the teaching of yoga to four or more people at any of its shoreline parks or beaches, which prompted Hubbard and Baack - who have offered free yoga classes -- to sue the city.

In the ordinance, passed last year, the city "defined teaching yoga as a nonexpressive activity," and prohibited its teaching in shoreline parks and beaches without permission, according to Thomas' opinion.

"Because the Ordinance targets teaching yoga, it plainly implicates Hubbard and Baack's First Amendment right to speak," she wrote.

The San Diego city attorney's office declined to say whether it would seek en banc review of the panel ruling. "We are evaluating the decision and potential next steps," wrote Ibrahim Ahmed, the office's communications manager.

Bryan W. Pease, a San Diego attorney who represents Hubbard and Baack, praised the ruling. "It just comes down to basic First Amendment protections," he said in a phone interview.

He said Hubbard stopped teaching the yoga class in person and did it on YouTube and, "the city sent rangers to his house" to get him to stop. "That makes it pretty clear that speech is what the city is targeting," Pease said.

9th Circuit Chief Judge Mary H. Murguia and Judge Gabriel P. Sanchez affirmed the opinion.