Overview

• Not a single Ninth Circuit judge voted to rehear the case, leaving the earlier appellate decision intact and the city’s ban unenforceable.
• A three-judge panel previously ruled that teaching yoga is protected speech and that the city offered no plausible safety or park-enjoyment rationale.
• Instructors have resumed donation-based classes in public spaces without special vendor permits under the prevailing First Amendment ruling.
• The dispute began after a 2024 amendment to San Diego’s street vendor ordinance classified group yoga as commercial activity and led to citations.
• Plaintiffs Steve Hubbard and Amy Baack continue to seek damages and pursue related state constitutional claims, while the City Attorney’s Office declined comment and a U.S. Supreme Court petition remains a possible next step.