Hubbard

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVEN HUBBARD; AMY No. 24-4613

BAACK,

D.C. No. 3:24-cv-00972- Plaintiffs - Appellants,

CAB-MMP

v.

CITY OF SAN DIEGO; DOES 1-10, OPINION

Defendants - Appellees.

Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Argued and Submitted March 5, 2025 Pasadena, California

Filed June 4, 2025

Before: Mary H. Murguia, Chief Judge, and Gabriel P. Sanchez and Holly A. Thomas, Circuit Judges.

Opinion by Judge H.A. Thomas SUMMARY*

First Amendment

In a case in which two yoga teachers challenge the City of San Diego’s prohibition against teaching yoga to four or more persons at the City’s shoreline parks or beaches on First Amendment grounds, the panel reversed the district court’s denial of plaintiffs’ motion for a preliminary injunction and remanded with instructions to enter a preliminary injunction in their favor. Plaintiffs challenged the City’s prohibition against teaching yoga both on its face and as applied to their teaching activities. The district court found…