Ninth Circuit unanimously refuses to rehear City of San Diego’s appeal, affirming that shoreline donation-based yoga classes are protected under the First Amendment.
The case against the City of San Diego's ordinance that prohibited group yoga instruction of four or more individuals in shoreline areas and public parks (aka "beach yoga ban") reached a turning point on Monday, September 29 when the U.S. Court of Appeals for the Ninth Circuit unanimously denied the City of San Diego's petition to rehear the case Hubbard et al. v. City of San Diego.
This decision leaves the court's earlier ruling intact, which immediately halted the City of San Diego’s enforcement of its controversial beach yoga class ban because the city's ordinance likely violates the First Amendment. Now that the Ninth Circuit has refused to rehear the case, the City's final option would be to appeal to the U.S. Supreme Court.
"This case was never just about yoga—it's about our right to gather, to move, and to share in community spaces. It's wonderful to see the courts agree that access to free, public wellness groups, like my yoga meetups at Sunset Cliffs, is a fundamental American right," says Amy Baack, co-plaintiff in the case and founder of Mind Body Badass, whose team leads donation-based classes at Sunset Cliffs every week.
Donation-based classes resumed at Sunset Cliffs and Pacific Beach parks in June 2025, when the Ninth Circuit granted a preliminary injunction blocking the City's enforcement of the ban. Since then, instructors and participants alike have embraced the return of these gatherings, which many see as a vital part of San Diego's outdoor wellness culture.
"We've always believed that wellness belongs to everyone—not just those who can afford yoga studio pricing. Practicing mindful movement in a public park provides folks with community and healing, which benefits everyone," Baack says. “I'm incredibly proud that this fight turned into a moment of real impact for the future of San Diego and beyond.”
For now, the yoga mats are back on the cliffs, and the community is celebrating with donation-based classes every evening.
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