Steve Hubbard sued the city Thursday, arguing that yoga is an expressive activity and that the city must therefore remove it from the list of commercial services banned at shoreline parks and beaches. Because Hubbard no longer teaches in that park and gives instruction only over YouTube from his home, he contends the city should stop fining him. He also argues that yoga is not a commercial activity because his classes are free, with donations accepted but not required.
And he argues that yoga instruction is not a service but rather protected free speech. A spokesperson for City Attorney Heather Ferbert said Thursday she could not comment because the litigation is pending.
The crackdown on beach and park yoga began last spring after San Diego made a series of complex amendments to a much wider city law governing street vendors. City officials say yoga is a commercial activity not protected by free-speech rights. They group yoga with massage, dog training, fitness classes, equipment rentals and the staging of picnics, bonfires or other activities. They say the crackdown on those activities has been motivated by concerns about public access to beaches and parks, where commercial activities sometimes block pathways, impede views and take up scarce space.
City officials say that while analyzing the street vendor amendments, they became aware that many residents were quietly upset about the increasing commercial use of their favorite parks and beaches β including yoga classes. That prompted officials to crack down on activities they contend have been technically illegal for years.
The letter also takes issue with claims by Hubbard and other instructors that they are not engaged in commercial activity because they accept donations instead of charging fees. The suit explains the situation differently. The suit, which was filed on behalf of Hubbard and fellow yoga instructor Amy Baack, also calls yoga a special kind of activity. The suit says these unusual qualities make yoga an expressive activity under the California Constitution, not a service.
