San Diego’s controversial crackdown on beach yoga classes has prompted a lawsuit from a teacher who say he’s still getting fined, even after he shifted his popular classes to YouTube.
Steve Hubbard sued the city Thursday, arguing that it must remove yoga from the list of commercial services banned at shoreline parks and beaches and that yoga instruction is an expressive activity rather than a service.
Hubbard also takes issue with city park rangers continuing to fine him because students still gather together in Pacific Beach’s Palisades South Park to watch his yoga classes on YouTube.
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 yoga is not a service but an expressive activity and 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.
When city officials analyzed which vendors were eligible for free-speech protections, yoga didn’t make the cut.
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 — including yoga classes.
That prompted officials to crack down on activities they contend have been technically illegal for years.
Because Hubbard’s YouTube classes draw a crowd to the park and could block access or create safety concerns, it’s not surprising that park rangers have continued to fine him despite his shift to YouTube.
In an open letter to people who ask about the crackdown, Mayor Todd Gloria explains the city’s position.
“It is the City of San Diego’s responsibility to ensure equitable and safe access to our parks, bays and beaches for all users at all times,” Gloria says.
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.
“It is unlawful to require someone to negotiate, establish or pay a fee before providing a service, even if characterized as a donation,” Gloria says.
The suit explains the situation differently. It says donations are always “purely voluntary” and “are by no means required to participate.”
The suit, which was filed on behalf of Hubbard and fellow yoga instructor Amy Baack, also calls yoga a special kind of activity.
“Something special about the free and donation-based classes plaintiffs and other outdoor yoga instructors have taught is how inclusive they are, as they are open to the public, with no sign-ups or pre-registration to join,” the suits says.
“One could simply walk up and join a yoga class in a park,” the suit continues. “There is no intimidation like someone might feel going into a yoga studio, especially as a beginner.”
The suit says these unusual qualities make yoga an expressive activity under the California Constitution, not a service.
Hubbard and Baack filed a separate lawsuit over the yoga crackdown in federal court last June. That suit focused on free-speech rights under the First Amendment.
The suit filed Thursday focuses on whether the city is violating state law by characterizing yoga as a service instead of an expressive activity.
City rules say fitness classes are illegal only if they include four or more people. Commercial activities like yoga are allowed, by permit, in Mission Bay Park, Balboa Park and Liberty Station.
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