Appeals Court Lets Historic Cross and Nativity Stay in Los Angeles

Staff Writer

 

large wooden cross
A large wooden cross stands at the entrance to Olvera Street in Los Angeles. | Screenshot: YouTube/ ActionAndy TV

A nearly century-old cross and a Nativity display in Los Angeles’ historic El Pueblo district can remain in place after a federal appeals court upheld a lower court’s decision not to order their removal.

The 9th U.S. Circuit Court of Appeals on Monday declined to reverse a district court ruling that rejected atheist plaintiff Jack Gerritsen’s request to remove the displays from Olvera Street.

“The district court did not abuse its discretion in denying Gerritsen’s motion for a preliminary injunction because Gerritsen failed to establish the requirements for such relief,” the court stated.

Andrea Butler, an attorney with religious liberty law firm Becket, described the ruling as “common sense” and said the “City of Angels has room for religious symbolism.” Becket entered the case on behalf of longtime Olvera Street merchants who want the displays preserved.

“Los Angeles belongs to people of every faith and none, and its public square naturally bears the marks of that diversity,” Butler said in a statement.

“Religious imagery is a natural part of our nation’s history and culture — it shouldn’t be pulled down just because one passerby dislikes it,” Butler continued. “The Constitution doesn’t require Los Angeles to erase historical landmarks just because they reference religion. We’re glad the court agreed.”

Gerritsen brought the federal lawsuit more than a year ago, claiming the cross and Nativity scene violate the First Amendment’s Establishment Clause. He later sought a preliminary injunction to stop the city from maintaining the displays during the litigation, but the district court denied the request in May 2026.

The lower court relied in part on the U.S. Supreme Court’s 2019 ruling in American Legion v. American Humanist Association, which found that a nearly century-old cross on public land in Maryland honoring World War I soldiers did not violate the Constitution.

“The cross and nativity now at the center of the lawsuit have long been part of El Pueblo’s history and traditions,” Becket stated. “The 10-foot wooden cross was erected at the head of Olvera Street in 1929 to commemorate Los Angeles’ 148th birthday, while the nativity is displayed each December alongside the community’s traditional Las Posadas celebration.”

The case will now return to the district court for a final ruling.

 

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