US appeals court lets cross, Nativity stay in Los Angeles historic plaza

A U.S. appeals court ruled that a cross and Nativity display can remain in a public plaza at El Pueblo de Los Angeles. The 9th Circuit Court of Appeals issued the ruling on Sept. 29, following a previous decision by a U.S. district court that also rejected the request to remove the monuments.

Jack Gerritsen, a Los Angeles resident who identifies as a nonbeliever, sued the city government claiming the displays violate the establishment clause of the U.S. Constitution. Gerritsen argued that the monuments make him feel excluded from the public space. The Becket law firm announced that the appeals court ruled against Gerritsen because he failed to meet the requirements for removal. Specifically, the court noted he did not establish that he would suffer irreparable harm if the displays stayed, nor did he prove that removing them would serve the public interest.

The monuments are located in the historical center of Los Angeles, marking the city's founding in 1781. During the legal proceedings, a group of merchants from nearby Olvera Street joined the lawsuit to defend the displays. Cafe owner Edward Flores stated that the cultural displays help people of all faiths and ethnicities take pride in their contributions.