Los Angeles merchants fight to preserve historic El Pueblo religious displays

The Olvera Street Merchants Association has filed a request with the U.S. Court of Appeals for the Ninth Circuit to intervene in a legal battle over historic religious displays at El Pueblo in Los Angeles. The merchants seek to protect a 10-foot hand-carved wooden cross erected in 1929 and a traditional Christmas nativity scene located in the Old Plaza.

The lawsuit was initiated by Jack Gerritsen, who argues that these displays on public land violate the First Amendment’s establishment clause. Gerritsen, an atheist, claims the symbols make him feel excluded and constitute a government endorsement of religion. He is also seeking $5 million in damages.

A federal judge previously rejected the request to remove the displays, noting that the cross meets a “presumption of constitutionality” due to its longstanding presence and lack of evidence regarding discriminatory intent. The merchants argue that the displays are vital to the area’s Mexican-American heritage and serve as significant economic attractions for the millions of visitors who pass through the historic site annually.