SAN DIEGO—Two yoga instructors who previously sued the city of San Diego over the city’s crackdown on non-permitted yoga classes filed a second lawsuit on Jan. 29, with one plaintiff alleging that he was ticketed for livestreaming free yoga classes from home while students watched in a park.
According to the lawsuit filed by Attorney Bryan Pease on behalf of Steven Hubbard and Amy Baack, both plaintiffs had taught free yoga classes at San Diego parks for many years—with donations optional but not required—before the city enforced new rules on yoga classes at the city’s parks last spring.
The San Diego City Council amended a sidewalk vending ordinance in February 2024 to regulate commercial activities in its parks and beaches. Enforcement started in March 2024.
In addition, the ordinance limits location options for fitness activities under which yoga classes are categorized. Many shoreline parks and beaches including those where Hubbard and Baack previously held yoga classes are not among the permitted sites.
The complaint filed with San Diego County Superior Court alleges that Hubbard has received seven citations from park rangers since the ordinance enforcement began.
“Although couched in language about requiring a permit, in practice the City through the Mayor’s office does not allow any permits to be issued for teaching yoga at shoreline parks or beaches despite permits being offered for comparable activities,” states the complaint.
Hubbard had stopped outdoor classes due to being issued citations and instead used online streaming to conduct his class from home, according to the document.
The complaint alleges that on Nov. 9 and 10, 2024, city park rangers issued Hubbard citations for teaching yoga classes from his backyard and streaming it online with his phone, while some students watched the video in a nearby park.
The lawsuit does not indicate at which park Hubbard’s students were viewing the livestream. The Epoch Times reached out to Pease for comment and didn’t hear back before publication.
Benny Cartwright, spokesman for the San Diego Department of Parks and Recreation, also declined to say at which park Hubbard’s students were viewing his online video, saying the city was “unable to comment on pending litigation.”
“However, as a reminder to the community, the Parks and Recreation Department offers numerous locations that can serve as ideal venues for services like fitness and yoga classes throughout the Parks system,” Cartwright wrote in an email to The Epoch Times. “Locations are selected based on parking capacity and other factors and include desirable spots in Balboa Park and waterfront areas of Mission Bay Park,” referring to the city’s park options for permitted fitness activities.
The lawsuit lists both the City of San Diego and Mayor Todd Gloria as defendants. Spokespersons for the mayor’s office and the city attorney’s office both declined to comment on the litigation.
Hubbard and Baack filed their first lawsuit against San Diego last year, arguing that the city’s enforcement on such gatherings violated their First Amendment rights.
However, the judge wrote that one citation Hubbard received referenced him lecturing about yoga, which would indicate a First Amendment violation, as opposed to citations regarding hosting yoga classes, which concern a person’s conduct rather than their speech.
Their previous lawsuit remains ongoing in federal court.
