SAN DIEGO — The fight to make outdoor yoga classes available on San Diego public park spaces went to federal court Friday.
The City of San Diego has recently been cracking down on these donation-optional classes, pointing to a city-wide ordinance adopted in the 1990s.
Supporters of these popular classes, though, insist they have a constitutional right to yoga on the beach.
In the end, the judge was not persuaded that teaching yoga at a city park falls under the First Amendment protection of free speech, and did not grant the preliminary injunction the plaintiffs were seeking.
However, supporters of these outdoor yoga classes said they are not done fighting.
Bolstered by dozens of enthusiastic supporters who showed up for Friday's federal court hearing, yoga instructor Steve Hubbard, nicknamed "Nama Steve," said it is critical to keep fighting for the public's right to yoga classes on San Diego's beaches and parks.
"Look around us," he said. "Look around us! We are the public. We are the people who end up paying for these parks with our taxes. We do not need permission to go into a public park."
The city disagrees. Officials say these free and donation-based yoga classes violate an ordinance on the books prohibiting hosting outdoor classes of four or more people without a permit, as part of a wider crackdown on vendors.
In court, the city's legal representative argued is not about free speech, but about keeping public park spaces accessible and safe for everybody.
"They didn't put forth any evidence of any actual harm, and the city council never considered any actual harm that's being caused by these classes," said plaintiffs' attorney Bryan Pease, speaking after Friday's hearing.
He took issue with the judge's stance that these yoga classes don't fall under the constitutional protection of free speech, as the judge pointed to a lack of case law in this specific area.
"We shouldn't be even asking that question," Pease told CBS 8. "Is there something about this kind of speech or that kind of speech? If you are speaking and people are listening, it is protected by the First Amendment. So to even ask that question is just a breathtaking disregard for the First Amendment, and we are going to be taking that to the Ninth Circuit."
Nama Steve's supporters say they'll keep showing up to court.
"This has been such a benefit for us," said San Diegan Cathie Lucas, speaking about these beachside yoga classes open to the public. "I think it only makes sense that the city supports something that is so beneficial to all of us."
In the meantime, this legal battle continues.
"Unfortunately the judge didn't see it our way today," Nama Steve said. "But there are other paths forward!"
The next step on that path is to file an immediate appeal of Friday's decision with the Ninth Circuit.
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