Appeals Court Lets Historic Cross and Nativity Stay in Los Angeles

October 6, 2026

A federal appeals court has upheld a lower court’s decision not to order the removal of a nearly century-old cross and a Nativity display in Los Angeles’ historic El Pueblo district.

Christianity Daily reports that the 9th U.S. Circuit Court of Appeals on Monday declined to reverse a district court ruling that rejected atheist plaintiff Jack Gerritsen’s request to remove the displays from Olvera Street.

The court stated: “The district court did not abuse its discretion in denying Gerritsen’s motion for a preliminary injunction because Gerritsen failed to establish the requirements for such relief.”

Andrea Butler, an attorney with religious liberty law firm Becket, which represented longtime Olvera Street merchants who want the displays preserved, described the ruling as “common sense” and said the “City of Angels has room for religious symbolism.”

Butler stated, “Los Angeles belongs to people of every faith and none, and its public square naturally bears the marks of that diversity. 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.”

According to Christianity Daily, Gerritsen brought the federal lawsuit more than a year ago, claiming the cross and Nativity scene violate the First Amendment’s Establishment Clause.

Gerritsen later sought a preliminary injunction to stop the city from maintaining the displays during the litigation, but the district court denied the request in May 2026.

The lower court relied in part on the U.S. Supreme Court’s 2019 ruling in American Legion v. American Humanist Association, which found that a nearly century-old cross on public land in Maryland honoring World War I soldiers did not violate the Constitution.

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