SAN DIEGO (KGTV) — Yoga instructors in San Diego are challenging a city ordinance that restricts where group classes can be held, arguing it is unconstitutional. Attorney Bryan Pease has sent a cease-and-desist letter to the city on their behalf, threatening legal action if the enforcement continues.
Yoga instructor Steve Hubbard received a ticket from park rangers in Pacific Beach on Saturday. It may be the first one he's been given under the revised city ordinance, but he's gotten one before.
"I got a ticket 11 years ago, for the same thing," he said. "Here we go again."
Hubbard teaches a free yoga class in Pacific Beach, though donations are accepted. Despite being told by a park ranger that he couldn't hold his class, Hubbard said he proceeded anyway.
"I basically told (the ranger) that I'm gonna teach class. So go ahead and write me a ticket. So they waited the whole class and had me sign the ticket afterwards," he said.
The rangers are enforcing an ordinance the city revised in March, designed to crack down on illegal street vending.
The ordinance states that on public parks and beaches, "it is unlawful to carry on or conduct commercial activity, to provide any service, or to solicit offers to purchase, barter, or to require someone to negotiate, establish, or pay a fee before providing a service, even if characterized as a donation, without the written consent of the City Manager."
According to the city code, this includes activities like massage, yoga, dog training, fitness classes, staging for picnics, and equipment rentals.
Hubbard and fellow yoga instructors have retained attorney Pease to represent them.
"I'm representing these folks pro bono to defend yoga, being able to be practiced in city parks, as a free speech first amendment issue," Pease said.
Pease said he sent the city a cease-and-desist letter on Friday morning, telling them to stop enforcing the ordinance, and he hasn't heard back yet.
"It looks like we're going to have to file a lawsuit because the city is just not listening," Pease said.
The City of San Diego told ABC 10News the code has been in effect since 1993.
"These updates went into effect March 29 and are in place to ensure these public spaces remain safe and accessible to all users at all times," a city spokesperson said. "Park Rangers, police and lifeguards have the authority to enforce these codes to ensure public safety in San Diego’s parks and beaches."
Hubbard wants the ability to get a permit to teach in Palisades Park in Pacific Beach, which is currently not an option. He hopes the threat of legal action will prompt the city re-examine the ordinance's enforcement.
"My frustration, and a lot of people's, are the city's priorities. There's a lot of things going on in this city that need attention and that need fixing. Yoga is not one of them," he said.
