Overview

• Not a single judge voted to rehear the case, with the court issuing its order on Monday.
• In June, a three-judge panel unanimously held that teaching yoga is protected speech and found the city had shown no plausible public-safety harm.
• San Diego’s 2024 vending ordinance had classified yoga as commercial activity, prompting citations for donation-based and free classes in parks and on beaches.
• The City Attorney’s Office declined to comment on next steps, while plaintiffs Steve Hubbard and Amy Baack continue to seek damages and pursue a parallel state claim.
• The decision keeps the injunction in effect and may enable similar outdoor classes without special permits when framed as expressive conduct.