Yoga classes return to San Diego beachfront park after appeals court deems them 'protected speech'
SAN DIEGO (AP) — Steve Hubbard was back teaching yoga in a San Diego beachfront park on Thursday, the day after a federal appeals court ruled against the California city's ban on his classes in shoreline parks and beaches.
'We're all happy to be back,' Hubbard, who is known as 'NamaSteve,' said as at least a dozen mat-toting enthusiasts wrapped up class beneath towering palm trees with a view of waves crashing onto Pacific Beach.
The decision by a three-judge panel of the U.S. 9th Circuit Court of Appeals came after Hubbard and another instructor sued over a 2024 law that barred yoga classes in shoreline parks and beaches in San Diego for at least four or more people — a move local officials said was aimed at a range of activities to ensure that public spaces are truly available to all members of the public.
The panel found the ordinance violated the instructors' rights and that teaching yoga is 'protected speech.'
San Diego is known for its picturesque beaches and bountiful sunshine and visitors flock to the city to surf, swim and spot sea lions— especially during the peak summer season.
City attorneys wrote in court filings the rule isn't specific to yoga but to commercial activity, and Hubbard's classes can draw as many as 100 people who give donations for each class ranging from $5 to $40.
'The City's legitimate governmental interests in this case include the preservation, safety, and orderly use of its parks and beaches by all visitors and residents who visit them,' San Diego's attorneys wrote in court papers, adding that the city and county drew 32 million visitors in 2023.
A hearing is scheduled for Thursday afternoon to discuss the details of the appellate ruling, which calls for the ordinance to be put on hold for the instructors while their case is pending.
The San Diego city attorney's office declined to immediately comment on the case and said in a statement it is evaluating the ruling.
Hubbard said he was cited at least ten times since the ordinance took effect for classes that he said are free since payment isn't required and anyone can attend. He said he has not yet gone to court on the citations.
Rather, outdoor yoga is a service to those who are disabled or can't afford yoga classes elsewhere, said Bryan Pease, an attorney for the two instructors.
'It is a popular thing here. We're a beach community, and it's a way for people to access yoga that they wouldn't otherwise be able to,' Pease said.
Due to the ordinance, Pease said his clients began streaming classes from his backyard, which is across the street from the beachfront location. His students continued to gather to follow him online, and Pease said Hubbard was cited by a park official for running classes in the park even though he wasn't there.
At the Pacific Beach park, yoga student John Noack said he previously tried studio classes but didn't like them and relishes the exercise he gets from practicing outside with an ocean breeze.
Noack, who has attended Hubbard's classes for four years, said he thinks the group was targeted because wealthy homeowners in the area didn't want so many people in their oceanfront views.
'I personally see this as a triumph of community over a handful of elites,' Noack said.
___
Taxin reported from Santa Ana, Calif.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Washington Post
25 minutes ago
- Washington Post
Pr. George's police chief is a finalist for a job in Phoenix
The city of Phoenix said Wednesday that Prince George's County Police Chief Malik Aziz is a finalist in its nationwide search for someone to lead the police department in Arizona's largest city. The news circulated among Aziz's officers in Maryland, many of whom learned of the chief's job search from a Phoenix news release announcing him as one of three finalists. The Prince George's County Police Department declined to comment. The news of Aziz's potential departure comes as Aisha N. Braveboy (D) prepares to take over as Prince George's County executive on Juneteenth. Braveboy, who has served as state's attorney since 2019, was elected to the role in early June after the job was vacated mid-term by Angela Alsobrooks (D), now a U.S. senator. It is not uncommon for new county executives to bring in their own Cabinet members or hire new people into key leadership roles. As the top law enforcement officials in Prince George's County, Braveboy and Aziz worked alongside each other since 2021, when he was hired to reform the police department amid nationwide calls for racial justice and police accountability. 'As states attorney my office had a good working relationship with Chief Aziz,' Braveboy said in a statement Wednesday. 'I wish him the best.' Acting county executive Tara Jackson said in a statement that Aziz 'has done an outstanding job leading our police department through challenging times.' At a recent news conference, Aziz touted an overall decrease in crime, with total crime down 16 percent compared with this time last year. His annual summer crime initiative is in full swing, which focuses on crime reduction and community engagement during the summer months. A Texas native, Aziz came to Maryland after decades in law enforcement in Dallas, where he garnered a national reputation as an advocate for community policing and reform. He had served as the national chair of the National Black Police Association and worked on President Barack Obama's task force on 21st century policing in 2015. He advocated for the Justice Department to collect annual demographic statistics from all police agencies to hold them accountable for diversifying their command ranks, according to the task force's final report. Alsobrooks hired Aziz in March 2021 and instructed him to overhaul a department that has long had a contentious relationship with county residents. He took over as the nation and the county were grappling with the Black Lives Matter movement and widespread calls for reform. He vowed to build a strong relationship with reform advocates and community partners. Tamara McKinney, vice president of the Heels Off Gloves On Boxing Foundation, said Aziz once showed up to a boxing ring to support the organization. When he noticed a young boxer was without boxing shoes, he found a sponsor to assist the group. They were able to buy 16 to 18 pairs of shoes for boxers who couldn't afford the equipment, McKinney said. 'I think he made a concerted effort to change the mind of the community about having such a negative outlook on police,' McKinney said. Before coming to Prince George's, Aziz had been a finalist for chief positions in cities across the country, including Milwaukee, Miami and his hometown of Dallas, where he last served as deputy chief of the Dallas Police Department. Phoenix officials said the three finalists will speak at a public forum on Monday. City officials said they hope to announce the new chief in July.
Washington Post
26 minutes ago
- Washington Post
Rand Paul says White House excluded his family from picnic as punishment
Sen. Rand Paul (R-Kentucky) said the Trump administration has excluded him and his family from a picnic at the White House in what he believes to be an act of retribution, politicizing an annual celebration of bipartisanship over Paul's refusal to support the president's signature legislation. 'We just tried to get our tickets today, and they said, 'You were not invited,' ' Paul told reporters outside the Capitol on Wednesday. While he said he did now know exactly who left him out, he added, 'I think that it's somebody acting in a very petty way.'
New York Times
26 minutes ago
- New York Times
Live Updates: More Protests Flare Up in Cities Across the Country
Mayor Daniel Lurie walking through the Tenderloin neighborhood in San Francisco, with William Scott, then the chief of the San Francisco Police Department, on the morning of his inauguration in January. For Mayor Daniel Lurie of San Francisco, there are two words that he dares not mention: Donald Trump. This week, his refusal held true even after the president sent National Guard troops into Los Angeles and called up the Marines, leaving many San Franciscans to wonder if their liberal California city could be next. Mayor Karen Bass of Los Angeles, Representative Nancy Pelosi and Gov. Gavin Newsom have each blamed Mr. Trump for causing chaos. Mr. Newsom, in a nationally televised address on Tuesday night, told Americans that Mr. Trump was putting democracy at risk and that they should rise up to stop him. But Mr. Lurie has staunchly avoided discussing Mr. Trump's actions, even when asked on multiple occasions to respond to the various ways that the president's policies have affected his city. This week, Mr. Lurie instead focused on praising the San Francisco Police Department for the way it handled two protests in the city that were intended to show solidarity with Los Angeles. Mr. Lurie, an heir to the Levi Strauss fortune, won voter support in November on a promise to improve the daily lives of San Franciscans and avoid ideological disputes. The moderate Democrat, five months into his first-ever elected position, would still rather talk about public safety and trash cleanups. One protest on Sunday night turned violent when demonstrators clashed with police officers in riot gear, leading to 154 arrests. Another protest on Monday night was far calmer, but a splinter group vandalized buildings and sprayed graffiti, and the police arrested 92 people. Through Monday, more people were arrested in protests in San Francisco than those in Los Angeles, though Los Angeles has since had more. Video transcript Back bars 0:00 / 0:08 - 0:00 transcript Hundreds of protesters marched through the streets of San Francisco's Mission District on Monday. [chanting] Get out of the Bay! [chanting] ICE, get out the Bay! [chanting] Get out of the Bay! Hundreds of protesters marched through the streets of San Francisco's Mission District on Monday. Credit Credit... Kellen Browning/The New York Times Several members of the San Francisco Board of Supervisors, akin to a City Council, have taken to the streets with demonstrators or given fiery speeches from the steps of City Hall, a show of solidarity with other residents against Mr. Trump's deportations and use of military force in California. Mr. Lurie, however, spent the protest nights Sunday and Monday huddled with the police chief, fire chief and officials with the Department of Emergency Management in an emergency command center a few blocks from City Hall. He then called news conferences on Monday and Tuesday to praise his police department, announce city crews were cleaning graffiti from businesses free of charge and reiterate that anyone caught vandalizing property would be arrested. Mr. Lurie declined to discuss whether he thought the National Guard might come to San Francisco next. He would not say whether he considered Mr. Trump an authoritarian. He would not offer his opinion of the president saying that Mr. Newsom, for whom the mayor's wife has worked as an aide for years, should be arrested. He answered almost every question with a version of the same answer. 'My message is, we are keeping San Franciscans safe,' Mr. Lurie said. 'We have this under control.' He spent much of Tuesday's news conference discussing a totally unrelated topic: proposed changes to how long recreational vehicles can be parked on city streets. Mr. Lurie's colleagues expressed shock that five months into a presidential term that has targeted California in extraordinary ways, the mayor still won't discuss Mr. Trump. 'It is like he who shall not be named,' Supervisor Myrna Melgar said. Her family arrived in California from El Salvador when she was 12 and lived without legal papers until her father obtained citizenship through his work. Mr. Lurie's effort to revitalize San Francisco after the pandemic relies on the work of undocumented immigrants in hotels, restaurants and construction sites, said Ms. Melgar, who added that the mayor needed to speak out forcefully on their behalf and against the president. 'I have been disappointed that he has been so quiet,' she said. 'We need the kind of leader who steps up to the moment. This is San Francisco, the place that welcomes people from all over, the open, tolerant city.' Supervisor Jackie Fielder, who represents the Mission District, a heavily Latino neighborhood, said she thought the mayor should condemn the actions of the president and U.S. Immigrations and Customs Enforcement. She said ICE agents picked up 15 people at a San Francisco immigration office building for check-in appointments last week, one of them a 3-year-old. Agents picked up more people from the immigration courthouse on Tuesday. ICE did not respond to requests for information. 'I don't get it,' she said. 'Most San Franciscans despise Trump.' At news conferences this week, Mr. Lurie acknowledged the 'fear and anxiety' in the community and said the city's sanctuary policies of not cooperating with federal immigration officials would continue. On Tuesday, he reiterated that on X after the ICE detentions. But allies of Mr. Lurie said that they understood his strategy. Supervisor Rafael Mandelman, the president of the board, said that San Franciscans are not interested in a war of words between their mayor and the president. 'They want him to do everything he can to protect San Francisco's vulnerable communities,' Mr. Mandelman said. Nancy Tung, chairwoman of the San Francisco Democratic Party, suggested that ignoring Mr. Trump may even have kept the president's focus away from San Francisco. 'Maybe his reluctance to utter the president's name or denounce him has actually kept the militaristic type of ICE raids out of San Francisco,' she said. In an interview, Mr. Lurie said that he worked for the residents of San Francisco and understood that some of them were fearful now. Asked if it was true that he would not say the word Trump, Mr. Lurie gave a tight-lipped smile. He said nothing.
