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Ninth Circuit Strikes Down San Diego’s Ban on Yoga in Shoreline Parks

Ruling that yoga instruction is protected speech under the First Amendment leaves San Diego considering whether to appeal

People participate in a beachfront yoga class in San Diego, California, Thursday, June 5, 2025. (AP Photo/Elliot Spagat)
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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

  • On June 4, 2025, a three-judge panel of the U.S. Ninth Circuit Court of Appeals found San Diego’s ordinance unconstitutional as a content-based restriction on speech
  • The court held that the city failed to demonstrate how prohibiting yoga classes advanced its interests in public safety or park enjoyment
  • Judges noted the ban was underinclusive by singling out yoga while allowing other group activities without explanation
  • Yoga instructors Steven Hubbard and Amy Baack, who sued in June 2024, hailed the decision as a vindication of their First Amendment rights
  • San Diego officials are evaluating the ruling and have not yet decided whether to seek further review