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SDNews.com
Home Beach & Bay Press - Features

Yoga instructors hire attorney as City’s ban on classes continues

Jessica Mills by Jessica Mills
May 22, 2024
in Beach & Bay Press - Features, Beach & Bay Press - Top Stories, La Jolla Village News - Features, La Jolla Village News - Top Stories, Peninsula Beacon - Features, Peninsula Beacon - Top Stories, SDNews - Features, SDNews - Top Stories
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After enforcing a revised ordinance that specifies where people can hold various activities with a permit, the City of San Diego began barring donation-based yoga classes from gathering in their usual oceanfront spaces – including Pacific Beach and Sunset Cliffs.

In the two weeks since the municipal code was implemented, the yoga instructors have used their platforms for outreach, hired legal counsel, and hoped to meet with city officials to discuss potential solutions in obtaining permits.

The updated ordinance, which specifies the parks and locations where individuals can hold fitness classes with a permit, does not include Sunset Cliffs or Palisades Park in Pacific Beach and other outdoor locations historically used for yoga and fitness classes.

Steve Hubbard, also known as NamaSteve, was ticketed on May 18 for holding his weekly yoga class at Palisades Park above Law Street beach, which he has been teaching for almost 17 years.

According to Hubbard, park rangers showed up to his class over an hour early, watched for the entire duration, and then gave him the citation.

“Not being able to assemble in groups of over three people, that in and of itself is government control,” Hubbard said. “This is our right to gather. You’ve got a mental health crisis in this country. You’ve got an obesity crisis. You’ve got an overall health crisis. You’ve got a fentanyl crisis. And to me, it seems like something bigger. This is worth the fight and has to be done.”

A cease-and-desist letter was sent on May 17 to City Attorney Mara Elliott and Mayor Todd Gloria from civil rights and environmental attorney Bryan Pease on behalf of those affected by the ordinance.

In the letter, Pease stated that it was “unclear how and when these provisions specifically targeting yoga in city parks were added to the ordinance, which was first introduced at the [Oct.] 5, 2023 Community and Neighborhood Services of the San Diego City Council by Councilmember Jennifer Cambell to address the issue of sidewalk vending. Yoga was not mentioned in the staff report, agenda, or minutes of this meeting.”

Yoga instructors Amy Baack and Jackie Kowalik, who both teach free, donation-based classes on Sunset Cliffs, said they had a meeting set for May 24 with City Council members to hopefully come to a resolution on the issue. The pair, however, received an email from City Council affairs advisor Kohta Zaiser on May 21 informing them that “Given the letter sent by Mr. Pease last week, we have been advised to cancel Friday’s meeting and will not be able to meet with you this time.”

City of San Diego director of communications Rachel Laing said that the meeting was declined because the “individuals expressly indicated their intent to sue the city.”

According to Pease, “No legal counsel was planning to attend this meeting, and no legal action has been filed, so this latest action just shows the mayor’s office never intended this meeting to be in good faith.”

Baack, Kowalik, and numerous other teachers were hoping that the meeting would allow them to obtain permits, which they said they have attempted to do on multiple occasions.

Although the ordinance enforcement has received opposition, some have mixed feelings or are in favor of the fitness classes being banned in public spaces.

“There is nothing wrong with expecting someone to obtain a permit to provide a service,” said Ocean Beach resident Jill Butler. “Additionally, these classes have clogged up parking, and I’ve seen them leave the cliffs a mess. At least with a permit, there would be more accountability against outsiders coming in, trashing where I pay too much to live.”

Danielle Wolcott teaches donation-based yoga classes in Pacific Beach. She “reached out to the City and PB Parks and Recreation for a permit but was told they are not issuing any for shoreline parks or beaches.”

Wolcott was also unaware of the ordinance change when she was informed that it was illegal to guide more than three people at once.

Like Baack and Kowalik, Wolcott shared that her students have been devastated by their classes being banned.

“While we have temporarily relocated to another park, it lacks the same atmosphere and we are frequently patrolled by park rangers,” Wolcott said. “This disruption is disheartening, as these classes have become a cherished part of Southern California culture, providing significant positive and healthy experiences. We adhered to all guidelines, including noise ordinances and group size limits, and would gladly obtain a permit if allowed.”

The evening weekly classes that were offered at Law Street beach and Palisades Park have since moved to Kate Sessions Park, according to @pbsunsetyoga’s Instagram post.

Chair of Sunset Cliffs Natural Park Council Barbara Keiller raised concern for peoples’ safety and land protection throughout the cliff area where yoga classes take place.

“It’s a place of beauty and inspiration so we’re concerned about groups blocking the flow,” she said. “Large gatherings of yoga, which we certainly condone, I mean what a wonderful activity, but the cliff area is very vulnerable geologically. People have died falling off the cliff, there have been very severe accidents. It’s not something we take lightly.”

Keiller’s recommendation was for the classes to take place in the parks and locations already approved for activities by Parks and Recreation. She said that the council will be revisiting whether weddings and other large group celebrations will continue to be permitted on Sunset Cliffs in the future.

The impacted yoga community said that they are meeting to discuss the next steps, including peaceful protests, and have encouraged community members to call and visit the mayor’s office to ask for space for public comment. They have also started a petition against the updated ordinance: https://docs.google.com/forms/d/e/1FAIpQLScL2X_YxIjSXhTk9bg8rGYLDrrlNqPdVSP9fqvvOtoivA6G3g/viewform.

“We are hoping for some opportunity for communication with the city and a peaceful resolution,” Baack said. “Yoga translates to unity and that’s all we want, to work with

officials to keep promoting the betterment of the city through outdoor activities, which the vast majority of residents and tourists want to keep experiencing.”

Tags: La JollaLaw StreetOcean BeachPacific BeachPalisades ParkSunset Cliffsyoga ban
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