Los Angeles merchants fight to save historic cross and nativity Olvera Street merchants ask Ninth Circuit to protect Mexican-American heritage in the heart of L.A.

WASHINGTON – Becket asked the U.S. Court of Appeals for the Ninth Circuit yesterday to let a group of Los Angeles merchants join the legal fight to save 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’soffended by their religious nature. The Olvera Street Merchants Association Foundation is seeking to join the case and defend the cultural heritage its members have preserved for generations. 

“For generations, the merchants of Olvera Street have kept the neighborhood‘s rich Mexican-American heritage alive,” said Andrea Butler, counsel at Becket and lead attorney for the merchants. “Now one observer wants to take down the parts of that heritage that include religion. Thankfully, the First Amendment doesn’t include a third-party veto over history and culture merely because it acknowledges religion.” 

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, concluding that neither display violates the First Amendment. Becket is urging the Ninth Circuit to let the merchants join the case and defend the displays on appeal.

“Los Angeles shouldn’t have to erase its own history every time someone takes offense,” said Butler. “The cross and nativity are woven into the fabric of El Pueblo. Nothing in the Constitution requires those traditions to be torn away. The city should be free to keep its full history, including the parts that happen to be religious.” 

 A decision on Becket’s motion to intervene is expected in the coming months.