San Diego—A federal appeals court ruled June 4 that teaching yoga in public parks and beaches counts as protected free speech, invalidating a 2022 city rule that banned group classes of four or more.
The decision allows instructors Steven Hubbard and Amy Baack to resume outdoor sessions, marking a win for community access to public wellness and First Amendment rights.
Key Facts:
- The U.S. Ninth Circuit Court struck down the 2022 ordinance on June 4, 2025, reaffirming that yoga instruction is “protected speech” under the First Amendment.
- The ban affected classes with four or more participants at parks and beaches; instructors faced multiple citations—including Hubbard being cited over ten times—including for livestreaming from his yard.
- San Diego attracted 32 million visitors in 2023, according to city attorneys, who argued such classes disrupt public use—but the court found no safety or enjoyment threat.
When San Diego tried enforcing the ban, instructors like Hubbard—known locally as “NamaSteve”—shifted to livestream classes from home amid a stream of citations.
The Ninth Circuit found the ordinance’s exclusion of yoga from “expressive activity” unconstitutional, as yoga pedagogy conveys philosophy and instruction, qualifying it as free speech .
Morning beachgoers like John Noack welcomed the verdict, noting, “It feels like coming home” when classes returned to Sunset Cliffs on June 6.
Legal counsel Bryan Pease emphasized that outdoor yoga offers wellness access for people with disabilities and those unable to afford studio fees—a public service, not commercial intrusion.
Beyond yoga, this ruling establishes a precedent that peaceful, instructional gatherings in public spaces are constitutionally protected.
It raises questions about how parks regulate services like fitness classes, dog training, or tai chi—and whether such rules must now accommodate free speech considerations.
The court's decision explicitly stated that banning yoga classes while permitting other group activities such as tai chi or Shakespeare readings shows unequal enforcement and fails strict legal scrutiny.
San Diego officials are reviewing the ruling, which includes a preliminary injunction halting enforcement during ongoing litigation.
“This is a victory for the First Amendment and common sense,” said Amy Baack after being stopped by park rangers at Sunset Cliffs who “couldn’t even cite the ordinance”.
The Ninth Circuit’s decision reverses a restrictive ordinance, restoring outdoor yoga classes in San Diego.
Expect the city to update its permitting policies to comply. Participants should stay alert for any future restrictions or regulatory revisions as the case continues through the courts.
Do You Know?
Sunshine, fresh air, and public parks aren’t just scenic—they’re linked to improved mental health and lower stress, making outdoor yoga far more than just exercise.
Key Terms
First Amendment (protected speech): Constitutional right to express ideas, including teaching and demonstration.
Preliminary injunction: Temporary court order halting enforcement until final judgment.
Strict scrutiny: Highest court standard for reviewing content-based laws, requiring compelling reasons and narrow tailoring.