Los Angeles is free to keep displaying a nearly century-old cross and Nativity scene in one of its historic districts after a federal appeals court upheld a lower court’s refusal to order the displays removed, a decision a religious liberty law firm is praising as “common sense.” The 9th U.S.
Circuit Court of Appeals on Monday declined to reverse a district court decision denying Jack Gerritsen’s request to remove a wooden cross and Nativity scene from Olvera Street in Los Angeles’ historic El Pueblo district. "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," the court reasoned.
Andrea Butler, an attorney with the religious freedom legal organization Becket, called the ruling "common sense" that the "City of Angels has room for religious symbolism." Becket, representing Olvera Street merchants “whose families have been part of El Pueblo for generations,” filed a motion to intervene — a request to join the case — to ensure the cross and Nativity scene can remain on display.
“Los Angeles belongs to people of every faith and none, and its public square naturally bears the marks of that diversity," Butler said in a statement. “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,” Butler continued. “The Constitution doesn’t require Los Angeles to erase historical landmarks just because they reference religion.
We’re glad the court agreed.” The 9th Circuit’s ruling comes more than a year after Gerritsen, an atheist, filed a complaint in the U.S. District Court for the Central District of California over the cross and Nativity scene in the district. Gerritsen and his co-plaintiff alleged that the displays violate the First Amendment’s Establishment