Appeals court protects historic Los Angeles cross and nativity Ninth Circuit rejects effort to remove historic religious imagery from Olvera Street
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Ryan Colby 202-349-7219 [email protected]
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WASHINGTON – A federal appeals court yesterday rejected an effort to remove a nearly century-old cross and longstanding nativity display at El Pueblo, the historic heart of Los Angeles.
In Gerritsen v. City of Los Angeles, a local resident sued to remove the cross and stop the city from putting up the nativity because he’s offended by their religious nature. Becket, representing a group of merchants whose families have been a part of the El Pueblo community for generations, urged the court to ensure that Los Angeles remains free to keep its full history, including the parts that happen to be religious.
“This ruling is common sense: of course the City of Angels has room for religious symbolism,” said Andrea Butler, counsel at Becket. “Los Angeles belongs to people of every faith and none, and its public square naturally bears the marks of that diversity.”
As the historic heart of Los Angeles, El Pueblo draws millions each year to its Olvera Street market, historic buildings, and cultural celebrations rooted in the area’s unique Mexican-American heritage. Since El Pueblo’s revitalization in the 1920s, Olvera Street merchants have played a vital role in preserving and promoting the area, with many of today’s merchants coming from families that have been part of the market since it opened in 1930. Throughout the year, they help organize traditional celebrations including Día de los Reyes, Día de los Muertos, and Las Posadas.
The cross and nativity now at the center of the lawsuit have long been part of El Pueblo’s history and traditions. The 10-foot wooden cross was erected at the head of Olvera Street in 1929 to commemorate Los Angeles’s 148th birthday, while the nativity is displayed each December alongside the community’s traditional Las Posadas celebration. In 2025, a local resident sued the city seeking to remove or cover the cross and stop the nativity display because he says they offend him and make him feel excluded as an atheist. A federal district court rejected his request to temporarily require the City to remove the displays, concluding that neither display violates the First Amendment. Yesterday, the U.S. Court of Appeals for the Ninth Circuit affirmed that decision, meaning the cross and nativity can stay up while courts move toward a final decision in the case.
“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,” said Butler. “The Constitution doesn’t require Los Angeles to erase historical landmarks just because they reference religion.We’re glad the court agreed.”
The case will now be sent back down to the U.S. District Court for the Central District of California.
For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at [email protected] or 202-349-7219.