Ninth Circuit Rejects Legal Challenge to Olvera Street Cross
A wooden cross that has stood at the head of Olvera Street in Los Angeles since 1929 will remain in place after the United States Court of Appeals for the Ninth Circuit rejected a legal challenge seeking its removal. The appellate ruling, publicized by the religious liberty law firm Becket on September 29, 2026, also preserves the annual holiday nativity scene displayed alongside the cross during the traditional Las Posadas celebration in the historic district.
Legal Challenge Over Public Display Dismissed
The litigation, designated as Gerritsen v. City of Los Angeles, was initiated in 2025 by city resident Jack Gerritsen. In his lawsuit against the City of Los Angeles, the plaintiff described himself as a non-believer and argued that the roughly three-meter-high cross and the seasonal nativity scene violated the Establishment Clause of the United States Constitution. Gerritsen contended that the monuments caused him to feel excluded in the public space of El Pueblo de Los Ángeles, the historic district that marks the city’s 1781 founding site, and requested that the court order the cross removed or covered while barring the installation of the nativity scene.
A federal district court previously rejected the plaintiff’s request for a preliminary injunction against the city, concluding that the historical monuments did not violate the First Amendment. Gerritsen appealed that outcome to the Ninth Circuit, which upheld the lower court’s refusal to force the removal of the displays. According to the appellate court’s assessment, the plaintiff failed to establish the necessary legal requirements to justify the requested injunction, including failing to demonstrate that he would suffer irreparable harm or that removing the monuments served the public interest.
Merchants Mobilize to Defend Historical Symbols
The legal defense of the cross and nativity scene was bolstered by local business owners from Olvera Street, many of whom belong to families tied to the marketplace since it opened in 1930. These merchants intervened in the legal proceedings to protect the landmarks, arguing that the displays reflect generations of popular religious expression and foundational community heritage rather than an institutional government endorsement.
The wooden cross was originally erected in 1929 to commemorate the 148th anniversary of the founding of Los Angeles. Becket attorneys representing the community noted that the appellate ruling affirms that historical public symbols rooted in local tradition do not have to be purged from public spaces simply because an individual expresses personal discomfort or a sense of exclusion.