The appeals court upheld a lower court’s refusal to remove the Olvera Street displays while the First Amendment case continues.
A nearly century-old cross and a longstanding Christmas Nativity display at Los Angeles’ historic El Pueblo district may remain in place while a federal lawsuit challenging the displays proceeds.
The U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision declining to order the City of Los Angeles to remove or cover the religious displays during the litigation.
The case, Gerritsen v. City of Los Angeles, involves a 10-foot wooden cross erected at the head of Olvera Street in 1929 and a Nativity display traditionally installed during the Christmas season.
First Amendment Challenge Continues
A Los Angeles resident sued the city in 2025, arguing that the religious displays on public property violate the First Amendment.
A federal district court declined to issue a preliminary order requiring their removal. The Ninth Circuit has now affirmed that decision.
The ruling does not end the underlying lawsuit. The case returns to the U.S. District Court for the Central District of California for additional proceedings.
Becket, a religious-liberty law firm representing Olvera Street merchants seeking to preserve the displays, argues that the cross and Nativity are part of the neighborhood’s historic and cultural character.
Nearly a Century of History
The wooden cross was erected in 1929. The Nativity is displayed alongside the community’s traditional Las Posadas celebration.
For now, both displays may remain while the courts continue considering the constitutional questions raised in the case.
