LOS ANGELES, CA — A federal appeals court has handed a win to a group of Mexican-American merchants who fought to save a nearly century-old cross and longstanding nativity display at El Pueblo, the historic heart of Los Angeles, according to court papers obtained Tuesday.
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 said he was offended by the religious nature of the display.
In May, a federal judge in downtown Los Angeles rejected the request to scrub the seasonal display and plaintiff Jack Gerritsen appealed. On Monday, the U.S. Court of Appeals for the Ninth Circuit affirmed the judge's decision, meaning the cross and nativity can stay up while the courts move toward a final ruling in the case.
The Olvera Street Merchants Association, a group of merchants whose families have been a part of the El Pueblo community for generations, have "a significant and legally protected interest in preserving the historic and cultural heritage of El Pueblo," a court filing said.
Gerritsen claimed the displays on public land at El Pueblo — a hand- carved wooden cross erected in 1929 and the nativity traditionally displayed in the Old Plaza every Christmas season — violate the First Amendment's establishment clause, which, among other things, bars the government from favoring one religion over others.
Gerritsen says the cross and nativity scene offend him and make him feel excluded as an atheist.
"This ruling is common sense: Of course the City of Angels has room for religious symbolism," Andrea Butler, lead attorney for the merchants, said in a statement. "Los Angeles belongs to people of every faith and none, and its public square naturally bears the marks of that diversity."
The cross and display 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' 148th birthday, while the nativity is displayed each December alongside the community's traditional Las Posadas celebration.
Gerritsen could not immediately be reached for comment.
"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," Butler said. "The Constitution doesn't require Los Angeles to erase historical landmarks just because they reference religion. We're glad the court agreed."
By Fred Shuster, City News Service
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