Appeals Court Rejects Effort To Block Display of Cross and Nativity Scene in Historic Los Angeles Neighborhood

A federal appeals court says that a century-old cross and nativity scene can be displayed on public land in a historic neighborhood at Los Angeles. In September 2025, a resident, Jack Gerritsen, sued to have the city remove the 10-foot cross at the birthplace of Los Angeles, El Pueblo, stating that he was offended by its religious nature because he is an atheist. Mr. Gerritsen argued that displaying the cross and nativity scene on public land violates the Establishment Clause of the First Amendment.However, on Monday, the U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s ruling. In a brief order, the court said the plaintiff did not establish that he was likely to suffer irreparable harm from the displays.The hand-carved cross was first erected in 1929 to mark Los Angeles’ 148th birthday. And a nativity scene has been displayed every December during the community’s Las Posadas celebration. El Pueblo’s Olvera Street market is a tourist attraction, because of its historic buildings and the numerous cultural celebrations organized by the Mexican-American merchants in the community.Olvera Street merchants argued that the cross was a part of the El Pueblo’s history and tradition. In a court filing, the Olvera Street Merchant Association said many merchants have been in the community for generations and have a “a significant and legally protected interest in preserving the historic and cultural heritage of El Pueblo.In May, the U.S. District Court for the Central District of California rejected Mr. Gerritsen’s request for an injunction to block the display of the cross and nativity scene. The court found that there is a “national tradition” of “government recognition of public holidays” and said the displays are central to “longstanding cultural practice[s].”“Together, these historical and cultural practices underscore that the display … on public grounds is consistent with this country’s history,” the court said. A lawyer for the merchants, Andrea Butler, said in a statement, “This ruling is common sense: Of course the City of Angels has room for religious symbolism.”“Los Angeles belongs to people of every faith and none, and its public square naturally bears the marks of that diversity,” Ms. Butler said. Ms. Butler said that the Constitution “doesn’t require Los Angeles to erase historical landmarks just because they reference religion.”Mr. Gerritsen did not respond to a request for comment by the publication.The Ninth Circuit sent the case back to the U.S. District Court for the Central District of California.

Appeals Court Rejects Effort To Block Display of Cross and Nativity Scene in Historic Los Angeles Neighborhood

Appeals Court Rejects Effort To Block Display of Cross and Nativity Scene in Historic Los Angeles Neighborhood

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