It’s back to the beach and shoreline parks for yoga classes, as a federal appeals court recently struck down the city of San Diego’s ban on free yoga taught in public outdoor spaces.
In a decision handed down on June 4, the Ninth Circuit Court of Appeals found that teaching yoga is protected speech under the First Amendment.
The ruling reversed a lower court’s decision upholding the city’s ordinance banning group yoga and fitness classes in public shoreline areas without a permit. The court also issued a preliminary injunction prohibiting enforcement of that ordinance.
The United States Constitution’s First Amendment protects fundamental freedoms including religion, speech, the press, assembly, and the right to petition the government.
“We are evaluating the decision and potential next steps,” said Ibrahim Ahmed, communications manager for the San Diego City Attorney’s Office, reacting to the court’s ruling.
Amy Baack and Steven Hubbard, yoga instructors and co-plaintiffs in a lawsuit challenging the City’s public yoga ban, were both jubilant that the court sided with them.
“It’s been quite a journey, and it feels great to be able to return,” said Baack, who was almost arrested 13 months ago while teaching a class at Sunset Cliffs.
On Friday, June 6, Baack was back, teaching a class of about 45 people at her usual Adair Street spot on Sunset Cliffs. “Just breathe in that ocean air,” she said. “It feels like coming home.”
“I was absolutely ecstatic, as was the whole community,” said Hubbard, a yoga instructor for nearly 18 years. “The whole time, I had thought the Constitution was on our side, and that it was just going to take some time to get the right judge or judges to go our way.”
Noting that yoga “is such a good thing for the community,” Hubbard added, “It was hard to see this completely going away.
“Over the last 17 years, this practice (free outdoor classes) has made yoga accessible to the whole community, including people with disabilities, retired people on fixed incomes who don’t have $35 for a drop-in yoga studio class, or anybody else who’s financially disadvantaged. The community is in a better place with the yoga,” he said.
It’s been almost a year since Hubbard taught yoga outdoors at Palisades Park at the end of Law Street in Pacific Beach. He said the City’s public yoga ban forced him to stream yoga classes from his backyard on his YouTube channel.
Pease & Ijadi, APC, in Point Loma, represented Baack and Hubbard in their yoga ban lawsuit against the City. “Our clients are engaged in pure speech, teaching yoga to anyone who wishes to listen and participate,” said Bryan W. Pease in the yoga lawsuit.
“They are not charging fees, and they are not blocking or restricting access to any public space, passively accepting donations in a way that is not ‘inherently intrusive or potentially coercive,’ which is similarly protected speech.”
Attorney Bryan W. Pease and co-counsel Parisa Ijadi-Maghsoodi join a community yoga class at Sunset Cliffs on Sunday, June 8. Pease and Ijadi-Maghsoodi represented the yoga instructors in their case against the City’s ban. (Photo by Bryan W. Pease/Pease & Ijadi, APC)Contending that “threatening someone with false arrest or other coercion for teaching yoga violates their First Amendment rights,” the lawsuit asked the court to “instruct all park rangers and police not to threaten members of the public for exercising their Constitutional rights to teach, listen, and engage in the practice of yoga in City parks.”
“It is the City’s responsibility to ensure equitable and safe access to our parks, bays, and beaches for all users at all times,” said San Diego Mayor Todd Gloria in a letter cited in the Baack-Hubbard lawsuit.
“The City’s Municipal Code prohibits groups consisting of four or more people engaged in commercial recreational activities like yoga, fitness classes, and dog training from gathering in parks without a permit, and can only operate in certain designated areas.”
Gloria’s letter goes on to state that the applicable municipal code (SDMC 63.0102) has been in effect since 1993. It notes that “recent updates to the municipal code have clarified the activities for which necessary permitting applies and further outlines that it is unlawful to require someone to negotiate, establish, or pay a fee before providing a service, even if characterized as a donation.
“These updates went into effect on March 29 and are in place to ensure these public spaces remain safe and accessible to all users at all times. Park rangers, SDPD officers, and City lifeguards have the authority to enforce these codes to ensure public safety in San Diego’s parks and beaches.”
Pease summarized the substance of the arguments successfully outlined in Steven Hubbard and Amy Baack v. City of San Diego. He characterized the Ninth Circuit Court of Appeals’ decision as “well-reasoned” and “fair.” He argued the public yoga ban “doesn’t make much sense,” given that “there wasn’t any kind of public notice or opportunity for comment” after the City Council passed the ordinance prohibiting public yoga. “There was no mention anywhere that there was going to be included in the ordinance a ban on beach yoga with that,” Pease added.
Said Pease of the court’s reversal of the public yoga ban: “It’s a victory for free speech, for public gathering, and for the community to continue to participate in this beneficial activity in parks.
“The city has just been hyper-regulating things that it shouldn’t be getting involved in. The city has been arguing in court that the reason for the yoga ban is that they want to limit the impact on the park and Sunset Cliffs.
“Yoga is a non-intrusive, peaceful activity, and people shouldn’t be fearing being cited by a park ranger for leading a yoga class for free in the park.”
Long-time yoga teacher Jackie Kowalik, founder of Yoga Jawn, has held classes at Sunset Cliffs for years before the ban. She said her morning classes at the park resumed this week.
“This isn’t just a win for yoga, it’s a win for the community,” she said. “Amy and Steve were brave enough to take legal action, but it was all of us who kept showing up, kept organizing, and kept reminding the city that these classes matter. I hope the city sees this as a chance to collaborate instead of control. We love San Diego and we’re not going anywhere.”
Read More Details
Finally We wish PressBee provided you with enough information of ( Yoga is Baack at the beach and shoreline parks )
Also on site :