Yogaspeech: Federal Court Tosses San Diego’s Ordinance and Rules Beach Yoga Classes are Protected Speech

The morning sun cast long shadows across Pacific Beach as Steve Hubbard rolled out his yoga mat beneath towering palm trees on Thursday, June 5, 2025. For the first time in over a year, “NamaSteve” was back—leading a dozen enthusiasts through their morning practice with the sound of crashing waves as their soundtrack.

“We’re all happy to be back,” Hubbard told the Associated Press after wrapping up his first legal beachfront class since San Diego’s controversial ordinance effectively banned his 18-year-old yoga tradition.

The return came just one day after a federal appeals court delivered a resounding victory for outdoor yoga instructors, ruling that San Diego’s ban on beach yoga classes violated the First Amendment and that teaching yoga constitutes “protected speech.”

A First Amendment Fight by the Sea

The legal battle began in 2024 when San Diego began enforcing a 2022 ordinance that limited commercial activities in the city’s parks and beaches. The regulation specifically targeted gatherings of four or more people for activities like yoga classes, citing concerns about overcrowding and commercial use of public spaces.

Hubbard and fellow instructor Amy Baack, who taught at Sunset Cliffs, found themselves at the center of a constitutional clash. Both offered free classes that operated on a donation basis, with participants contributing anywhere from $5 to $40 per session. Hubbard’s classes, in particular, could draw crowds of up to 100 people.

“This case was never just about yoga—it’s about our right to gather, to move, and to share in community spaces,” Baack told Yoga Journal. She had been forced to cancel her classes at Sunset Cliffs after the city began enforcement.

The city’s position was clear: this wasn’t about targeting yoga specifically, but about managing commercial activities in public spaces. San Diego attorney filings emphasized “the preservation, safety, and orderly use of its parks and beaches by all visitors and residents,” noting that the city and county attracted 32 million visitors in 2023, according to multiple news reports.

The Court’s Decisive Ruling

The three-judge panel of the U.S. 9th Circuit Court of Appeals saw through the city’s arguments, delivering a 19-page ruling that fundamentally reframed the debate. The San Diego Union-Tribune reported that the court found the ordinance unconstitutional and ordered city officials to immediately allow classes to resume.

For Bryan Pease, the attorney representing both instructors, the case represented something much larger than a simple zoning dispute. He argued that outdoor yoga serves as a vital community service, particularly for disabled individuals and those who cannot afford traditional studio classes.

“Because the ordinance targets teaching yoga, it plainly implicates [the instructors’] first amendment right to speak,” the ruling stated, as reported by The Guardian. The court was particularly critical of the city’s selective enforcement, noting that the ordinance didn’t prohibit teaching other subjects to groups of four or more people in shoreline parks.

“The City has demonstrated no plausible connection between Hubbard and Baack teaching yoga and any threat to public safety and enjoyment in the City’s shoreline parks,” the ruling concluded, according to the Union-Tribune.

More Than Just Exercise

For Bryan Pease, the attorney representing both instructors, the case represented something much larger than a simple zoning dispute. He argued that outdoor yoga serves as a vital community service, particularly for disabled individuals and those who cannot afford traditional studio classes.

“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 told the Associated Press.

The community impact became evident during the enforcement period. When forced to comply with the ordinance, Hubbard moved his classes to his backyard across the street from the beach, streaming them live on YouTube. Students continued to gather in the park to follow along on their phones—a creative workaround that still resulted in citations from park officials, even though Hubbard wasn’t physically present.

According to the Union-Tribune, Hubbard received at least 10 citations during the enforcement period, with two issued just days before the appeals court ruling despite his shift to virtual instruction.

Community vs. Elite Interests

The enforcement sparked tensions within the beachfront community. John Noack, a four-year veteran of Hubbard’s classes, suggested to the Associated Press that the real motivation behind the crackdown came from wealthy homeowners who didn’t want crowds disturbing their oceanfront views.

“I personally see this as a triumph of community over a handful of elites,” Noack said, expressing a sentiment that resonated with many of the yoga practitioners who had been forced to find alternative arrangements.

The appeals court ruling seemed to validate this perspective, noting that the city had failed to justify why yoga posed a greater threat than other group activities that remained permitted in the same spaces.

As the legal dust settles, both instructors are preparing to fully resume their community service. Hubbard has already returned to his regular schedule of Tuesday and Thursday morning classes at 9 a.m., plus weekend sessions at 10 a.m. Baack announced that her Sunset Cliffs classes will resume on June 11.

“I started this class 18 years ago to make yoga accessible to everyone in the community, and it’s amazing after all we’ve been through to be back out teaching and sharing the practice,” Hubbard told Yoga Journal.

The San Diego City Attorney’s Office, through spokesperson Ibrahim Ahmed, stated they are “evaluating the decision and the potential next steps,” leaving open the possibility of further legal challenges.