Los Angeles merchants seek to save 10-foot cross, Nativity scene in city’s historic center

A Los Angeles resident has sued the city government alleging that the displays violate the establishment clause of the U.S. Constitution.

A group of merchants in Los Angeles is seeking to join a federal lawsuit in defense of a historic cross and Nativity display in the city’s nearly-300-year-old center.

The disputed public displays are located within sight of each other at El Pueblo de Los Angeles, which has long been marked as a historical monument commemorating the founding of the city in 1781. The site was first established by settlers from Spain known as “los pobladores.”

The cross is displayed year-round at the head of Olvera Street, while the Nativity is displayed about 150 feet away in a gazebo in the site’s plaza every Christmas season.

Los Angeles resident Jack Gerritsen sued the city government alleging that the displays violate the establishment clause of the U.S. Constitution, which forbids federal and state government entities from favoring specific religions.

Gerritsen alleged that the displays make him “feel excluded as a nonbeliever.” A U.S. district court initially ruled against him, leading him to appeal to the U.S. Court of Appeals for the 9th Circuit.

In an Aug. 24 filing, the Becket Fund for Religious Liberty asked the appeals court to allow a group of merchants on Olvera Street to intervene in the case as defendants alongside the city. The merchants have “a significant and legally protected interest in preserving the historic and cultural heritage of El Pueblo,” the filing said.

The business owners, the filing said, have “concrete economic interests in preserving the cross and nativity as important attractions that draw visitors to the area.”

The merchants help bring a “growing volume of visitors” to the area who travel there to witness the site’s “authentic and uninterrupted links to its historic past.”

The court filing notes that the area immediately surrounding the disputed monuments has considerable historic resources, including La Iglesia de Nuestra Señora la Reina de los Ángeles, a Catholic parish the roots of which date to 1784, shortly after the city’s founding.

The plaza also hosts an annual “Blessing of the Animals” during the season of Lent at which a cardinal or bishop provides benedictions to local pets.

One of the business owners who operates a cafe on Olvera Street, Edward Flores, said in the filing that his own heritage includes a Mexican Catholic background, but he said “Chinese and Italian heritage groups” are also present in the neighborhood.

“Preserving our distinct cultures and educating others about our roles in the founding and growth of Los Angeles ennobles Americans across all ethnicities, faiths, cultures, and generations to take pride in their own contributions and to see more clearly their future potential,” Flores wrote.

The filing suggested that, under existing court precedent, both the cross and the Nativity may not be sufficiently “established” to violate the establishment clause at issue in the suit.

The “longstanding and historic nature of the cross and nativity,” meanwhile, “reflect the precise nature of the Merchants’ interests they seek to protect.”