Teaching yoga does indeed fall under First Amendment activities, the court ruled, and does not violate a city vending ordinance.

Outdoor yoga classes can now continue in La Jolla and elsewhere in the city of San Diego, after the Ninth Circuit US Court of Appeals ruled June 4 that the city’s ban on beach and park yoga violates the First Amendment.

Plaintiffs Amy Baack and Steven Hubbard filed the lawsuit in 2024 after the city began enforcing an ordinance prohibiting sidewalk vending in shoreline parks and areas, including activities like jewelry sales, mass-produced items, food, and exercise, dog training and yoga classes.

“Teaching yoga is protected speech,” the 19-page ruling states, reversing a San Diego district court’s previous denial of the appeal.

“The ordinance failed strict scrutiny because the city demonstrated no plausible connection between plaintiffs teaching yoga and any threat to public safety and enjoyment in the city’s shoreline parks,” the ruling states.

Scripps Park, The Children’s Pool and Kellogg Park are largely emptied of vendors compared with the first half of 2024 and earlier, after San Diego police began enforcing the ban.

Vendors operating under free speech may conduct activities such as speaking in public about political, ideological or religious topics; distributing brochures; and art creation and sales, along with yoga classes now.

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