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Ninth Circuit Declares San Diego’s Shoreline Yoga Ban Unconstitutional

The appeals court ruled teaching yoga is expressive First Amendment speech, finding the ordinance targeting yoga fails strict scrutiny

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People participate in a yoga class at Sunset Cliffs in Ocean Beach on Sunday, March 6, 2022. Jackie Kowalik, who teaches the yoga class, also offers classes at Civita Park in Mission Valley and the Flower Fields at Carlsbad. More information can be found at yogajawn.com.  (Kristian Carreon / For The San Diego Union-Tribune)

Overview

  • A three-judge panel led by Judge Holly Thomas struck down the ban and granted a preliminary injunction to allow shoreline yoga classes to resume immediately
  • The court held that yoga instruction involves speech and expressive movement rooted in ancient Hindu philosophy, securing full First Amendment protection
  • San Diego’s ordinance was deemed content-based for outlawing yoga as a “service” while permitting other group lessons and failed strict scrutiny for lacking a compelling justification
  • The decision noted the city presented no evidence linking yoga classes to threats against public safety or park enjoyment and criticized the rule as underinclusive
  • City Attorney Heather Ferbert’s office is reviewing the ruling for a potential appeal as instructors Steve Hubbard and Amy Baack prepare to return to Pacific Beach and Ocean Beach parks