Los Angeles merchants seek to defend historic cross, Nativity in First Amendment fight
The sacred objects have endured for decades at El Pueblo, where generations of merchants have helped preserve the historic district’s Mexican-American heritage.
A group of Los Angeles merchants is seeking to join a legal fight to preserve a historic cross and annual Nativity in the El Pueblo district after a resident challenged the religious displays under the First Amendment.
Becket filed a motion Aug. 24 on behalf of the Olvera Street Merchants Association Foundation asking the U.S. Court of Appeals for the 9th Circuit to let the group defend the displays alongside the city of Los Angeles, according to an Aug. 25 press release from the legal group.
Resident Jack Gerritsen sued the city in 2025, alleging that the cross and Nativity on public property violate the First Amendment’s Establishment Clause. According to Becket, Gerritsen said the Nativity offended him and made him feel excluded as a “non-believer,” arguing that the cross was a “Christian endorsement on public land.”
A federal district court denied Gerritsen’s request for a preliminary injunction, finding that he had not shown he was likely to succeed on his First Amendment claim, according to Becket’s motion. Gerritsen appealed the decision to the 9th Circuit, where the merchants are now seeking to join the city in defending the cross and Nativity.
Andrea Butler, counsel at Becket and lead attorney for the merchants, said the religious traditions are part of the neighborhood’s broader history.
“For generations, the merchants of Olvera Street have kept the neighborhood’s rich Mexican-American heritage alive,” Butler said. “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.”
The 10-foot wooden cross dates back to 1929 when it was placed on Olvera Street to mark Los Angeles’ 148th anniversary, Becket said. The Nativity has also been displayed at El Pueblo for decades.
“Los Angeles shouldn’t have to erase its own history every time someone takes offense,” Butler said. “The cross and nativity are woven into the fabric of El Pueblo. Nothing in the Constitution requires those traditions to be torn away.”
