Plaintiffs thrilled after outdoor yoga ban in San Diego declared unconstitutional

(The Center Square) - Plaintiffs rejoiced this week after a federal appeals court ruled the city of San Diego’s outdoor yoga ban is unconstitutional.

Yoga instructors Steven Hubbard and Amy Baack filed a lawsuit against the city’s ordinance banning the teaching of yoga classes attended by four or more people in public parks and beaches, claiming it was a violation of their First Amendment right to free speech. The Ninth U.S. Circuit Court of Appeals ruled in favor of the plaintiffs on Wednesday, rejecting a previous district court’s decision that sided with the city.

“It's hard to feel like you are powerless, which is how it felt when the city began shutting everything down,” Baack told The Center Square Thursday. “But I firmly believe that you can fight back and get things overturned, which we proved.”

The city's main argument for banning the teaching of yoga is that it poses a threat to public safety.

The plaintiffs' suit challenged the prohibition against teaching yoga "both on its face and as applied to their teaching activities," on First Amendment grounds.

Hubbard received several tickets for streaming his yoga classes from his backyard after the ban was started. Although the ban didn't apply to private property, the city contended four or more people gathered at a time at beaches to take his online classes.

"It's pretty questionable if you are going to somebody's house at the end of their driveway, and park rangers are saying, 'Hey you got to come out of your house and sign this ticket,' " Hubbard told The Center Square Thursday. "Its a pretty egregious violation of free speech."

The district court sided with the city, finding that the "First Amendment does not protect the teaching of yoga," but the Ninth Circuit panel wrote that “teaching yoga is speech protected by the First Amendment." Justices also noted the city failed to present a “plausible connection between plaintiffs teaching yoga and any threat to public safety and enjoyment in the city’s shoreline parks.”

Baack said when she was met by park rangers at Sunset Cliffs, where she ran her weekly yoga classes, they never told her why teaching yoga was wrong.

"I was not given any kind of information when the rangers shut down my classes," Baack said. "In fact, they couldn't even quote or give me the name of the ordinance. They didn't have any documentation of it."

Baack and Hubbard said the reasons why they decided to take the city's ban to court were out of love for the community and for preserving First Amendment rights.

"It became pretty clear pretty fast through social media and responses, how devastated the community was," Baack said. "It was clear that it was something much bigger than myself."

Hubbard, who has been running his yoga classes for 17 years and was given a letter of commendation from a city council member for community service, said he was happy with the Ninth Circuit decision on Wednesday and has seen overwhelming support from the community.

“It is a victory for the First Amendment and common sense,” Amy Reichert said.

Baack and Hubbard said they don't think the city will try to pursue the case any further in court.

"The Ninth Circuit made it very clear that this ban is a violation of our First Amendment and that we are likely to win if we do decide to proceed further, which is not in the city's best interest," Baack said.

Baack said she hopes the city can realize yoga classes are a gift to the city and are not taking anything from the community.

The city of San Diego didn't respond to The Center Square's request for comment.