Two instructors who have held classes along the San Diego coast for years have filed suit against the city in federal court on Monday.
The picturesque view from Palisades Park in Pacific Beach has been the backdrop for Steve Hubbard’s free yoga classes for 17 years.
"It's a beautiful place to do yoga," Hubbard said.
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He says classes along the coast are an opportunity to make yoga accessible to everyone. But now, "Namasteve," as he's known, feels his place of solace is no longer sacred since the city of San Diego's ongoing crackdown on beachfront yoga classes and other activities.
Over the weekend, he was cited by park rangers for a second time in about three weeks.
Hubbard and another instructor who holds free classes at Sunset Cliffs have filed the lawsuit, which claims the city's law violates their First Amendment rights.
"That's what the public parks are supposed to be used for — for people to gather, for people to assemble, for people to work on their physical health, their mental clarity, you know, get a sense of balance," Hubbard said.
City leaders say they're just enforcing a decades-old law that was updated in March, banning commercial activities in city parks.
Activities under the street vendor ordinance now include dog training, fitness classes and yoga. Though the yoga classes may be free, the city says they're "commercial activities" because the instructors accept donations and advertise their services.
Therefore, they need a permit.
“I just want to hear the waves. It’s a dramatic, gorgeous spot, and we want to keep it mellow," Helen Grevenz, who lives a block away from Sunset Cliffs, said.
The suit says the instructors are "engaged in pure speech, teaching yoga to anyone ... accepting donations in a way that's not 'inherently intrusive or potentially coercive’ is similarly protected speech under California law."
Beachgoers, many of whom have attended or plan to attend the classes, share mixed opinions on whether they should "nama-stay."
“I just feel like this is a very magical place," Christy Barre said. "Just something about the cliffs, meaning the ocean, it's really just so nice."
Beachgoers Rachel Crow says she thinks the two sides should meet in the middle.
"I think that's super important, just in a community, is finding a compromise and working together to find a happy medium," Crow said.
Though Pacific Beach, Sunset Cliffs and other beaches are off limits, the city of San Diego is issuing teaching permits for Mission Bay and Balboa Park.
"We've been here 17 years. We're going to stay here," Hubbard said. He appeared to be striking a warrior pose as he vowed to continue the legal fight.
A city spokesperson tells NBC 7 that San Diego’s Parks and Recreation Department is in the process of looking for additional locations for yoga. Those locations should be named in the near future, but yoga teachers will still need a permit.
Information on how to apply for a permit can be found on the parks and recreation website under the fitness permitting tab.
