A hand-carved wooden cross that has stood at the head of Olvera Street since 1929 will keep standing, at least for now, after a federal appeals court sided against a Los Angeles man who sued to have it removed along with the plaza's annual Nativity display. The U.S. Court of Appeals for the Ninth Circuit issued its ruling Monday, affirming a lower court's decision that let both displays remain at El Pueblo while the underlying lawsuit continues toward a final decision.
The case, Gerritsen v. City of Los Angeles, traces back to 2025, when resident Jack Gerritsen sued the city seeking to remove the cross and stop officials from displaying the Nativity each December, according to Deseret News. Gerritsen argued the displays on public land violate the First Amendment's Establishment Clause, and he has said the cross and Nativity scene offend him and make him feel excluded as an atheist. A federal judge in downtown Los Angeles rejected his request to remove the seasonal display, prompting his appeal to the Ninth Circuit, as reported by MyNewsLA.
Monday's ruling means the cross and Nativity can remain at El Pueblo while courts move toward a final decision in the case, according to MyNewsLA. Gerritsen could not be reached for comment on the appellate outcome.
Merchants Fought to Keep a Piece of El Pueblo's Identity
The fight over the displays drew in more than just the city and Gerritsen. The Olvera Street Merchants Association had asked to intervene in the case as defendants alongside Los Angeles, arguing it holds a significant and legally protected interest in preserving El Pueblo's historic and cultural heritage. The group told the court it has concrete economic interests in preserving the cross and Nativity as attractions that draw visitors to the area, the same MyNewsLA report notes.
El Pueblo is widely regarded as the historic heart of Los Angeles, and the 10-foot cross was originally erected to commemorate the city's 148th birthday. The Nativity, meanwhile, is traditionally displayed in the Old Plaza every Christmas season, appearing each December alongside the community's Las Posadas celebration — a tradition that has been part of Olvera Street since its founding in 1930 and is open to people of all religious backgrounds, per El Pueblo.
Attorney Frames the Case as a Question of Who Belongs
Andrea Butler, the lead attorney representing the merchants, cast the ruling as a defense of the plaza's inclusive character rather than a religious victory. She said the City of Angels has room for religious symbolism and that Los Angeles belongs to people of every faith and none, according to the same MyNewsLA account. Butler added that religious imagery should not be removed simply because one passerby dislikes it.
The case fits into a broader pattern of courts weighing public religious displays against Establishment Clause challenges. Earlier this year, the U.S. Court of Appeals for the Fifth Circuit ruled that Texas could require public schools to display Ten Commandments posters, and the Massachusetts Supreme Judicial Court upheld a trial court's ruling involving 10-foot statues of St. Michael the Archangel and St. Florian outside a public safety building in Quincy, both cited by Deseret News.
For now, the outcome means the cross and Nativity will remain fixtures at El Pueblo as the litigation heads back toward the district court. Whether the Ninth Circuit's decision resolves the broader constitutional question or simply preserves the status quo while the case proceeds remains to be seen in the months ahead.
