Come Into Litigation Warrior Pose: Ninth Circuit Strikes Down Restriction on Teaching Yoga in San Diego Shoreline Parks or Beaches

The City of San Diego prohibits teaching yoga to four or more persons at any of the City's shoreline parks or beaches.

But t]eaching yoga is protected speech, says the Ninth Circuit Judge Holly Thomas .

The City's prohibition on teaching yoga in shorelines parks is content based and fails strict scrutiny.

The City already has restrictions on large groups and on expressive activity that blocks the "safe flow of pedestrians or other traffic" It has also designated "expressive activity areas" within parks, which appear to address the same concerns the City raises.

Yet the City offers no explanation for why teaching yoga cannot occur in these areas.