SAN DIEGO (CNS) - Two yoga instructors who previously sued the city of San Diego over the city's crackdown on yoga classes in public parks and beaches filed a new lawsuit this week alleging city park rangers have issued additional citations for livestreaming yoga classes online.
Steven Hubbard and Amy Baack sued the city last year, contending that the city's enforcement on such gatherings violated their First Amendment rights. The crackdown 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.
In a new lawsuit filed Wednesday in San Diego Superior Court, Hubbard and Baack reiterate many of their original claims from their prior lawsuit, but also say Hubbard has received seven citations for holding yoga classes livestreamed from his home because others were viewing the lessons at a city park.
Hubbard and Baack say they have stopped teaching outdoor classes due to similar citations they received for allegedly violating the amended city ordinance.
A City Attorney's spokesperson said the office was unable to comment on pending litigation.
The instructors' previous lawsuit remains ongoing in federal court.
In a ruling issued earlier this month, U.S. District Court Judge Cathy Ann Bencivengo found the instructors had not shown that the ordinance "limits their ability to discuss yoga's philosophical or spiritual merits in a public park."
However, the judge wrote that one citation Hubbard received referenced him lecturing about yoga, which would indicate a First Amendment violation, as opposed to citations regarding hosting yoga classes, which concern a person's conduct rather than their speech.
