Hubbard v. City of San Diego
- Proceeding
- district
- Area
- civil
- Panel
- Cathy Ann Bencivengo (author)
Analysis
The court was tasked with implementing a Ninth Circuit mandate that reversed a prior denial of a preliminary injunction. The court granted the plaintiffs' motion for a preliminary injunction enjoining the enforcement of San Diego Municipal Code § 63.0102 against the plaintiffs' yoga instruction.
| What the court decided | The model |
|---|---|
Granting Plaintiffs' motion for a preliminary injunction“Accordingly, the Court GRANTS Plaintiffs’ motion for a preliminary injunction.” | agree with court The district court was bound by the Ninth Circuit's mandate to enter the injunction after the appellate court determined the plaintiffs satisfied the Winter factors. The district court's order correctly implements the appellate directive. |
The order itself: sound — The order is a ministerial implementation of a Ninth Circuit mandate. It correctly cites the controlling appellate decision and enters the specific relief ordered by the Ninth Circuit.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 STEVEN HUBBARD, et al., Case No.: 3:24-cv-972-CAB-MMP 12 Plaintiffs, ORDER GRANTING 13 v. PRELIMINARY INJUNCTION 14 CITY OF SAN DIEGO, et al., 15 Defendants. 16 17 On July 8, 2024, the Court denied Plaintiffs’ motion for a preliminary injunction 18 enjoining Defendants from enforcing San Diego Municipal Code (“SDMC”) § 63.0102 19 against Plaintiffs. [Doc. No. 11.] Plaintiffs appealed. On June 4, 2025, the Ninth Circuit 20 held that teaching yoga was protected speech, and, based on the record, Plaintiffs had 21 satisfied the Winter factors necessary for a preliminary injunction. Hubbard v. City of San 22 Diego, No. 24-4613, 2025 WL 1572736, at *4, *7 (9th Cir. 2025). The Ninth Circuit 23 reversed and remanded, instructing the Court to enter a preliminary injunction in favor of 24 Plaintiffs on their as-applied challenge. Id. at *7. 25 // 26 // 27 // 28 // 1 Accordingly, the Court GRANTS Plaintiffs’ motion for a preliminary injunction. 2 || During the pendency of this action, Defendants and all others acting in concert with them 3 || are enjoined from using SDMC § 63.0102 to prohibit Plaintiffs from teaching yoga classes 4 || or lecturing in San Diego shoreline parks. 5 Itis SO ORDERED. 6 7 Dated: June 13, 2025 □ Z 8 Hon. Cathy Ann Bencivengo ? United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28