Write an article about San Diego plans to appeal ruling overturning ban on beach yoga – NBC Los Angeles .Organize the content with appropriate headings and subheadings (h1, h2, h3, h4, h5, h6), Retain any existing tags from
The city of San Diego is not ready to give up its battle to ban free yoga classes at city parks and beaches.
Earlier this month, the 9th U.S. Circuit Court of Appeals found that yoga classes are protected by the 1st Amendment. The ruling stated that city officials had not shown any “plausible connection between plaintiffs teaching yoga and any threat to public safety and enjoyment in the city’s shoreline parks.”
Now the city is asking a federal appeals court to review the decision that the ban was unconstitutional.
The crackdown began last year on the classes stemmed from an amended ordinance concerning street vendors that also prohibited other types of commercial activity without a permit, such as yoga classes attended by four or more people.
The city’s ban was challenged in a federal lawsuit filed by yoga instructors Steven Hubbard and Amy Baack, who contended the city’s enforcement on such gatherings violated their First Amendment rights.
While the city had argued the prohibition was in line with its interests in “protecting the enjoyment and safety of the public in the use of” parks, the panel wrote that the city “has provided no explanation as to how teaching yoga would lead to harmful consequences to these interests, or even what those consequences might be.”
They came out on top with the decision in May, but now, city attorneys want a full review of the case. Whether to grant that request is now up to the court.
NBC 7 reached out to the city attorney’s office regarding this story and was told that the office was “unable to comment on pending litigation.”
Hubbard and Baack also filed a separate lawsuit against the city earlier this year in state court, which claimed Hubbard was cited multiple times for livestreaming yoga classes from his home. Those citations were allegedly issued because the YouTube-streamed lessons could be viewed by people at a city park, according to the complaint.
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