Atheist’s Lawsuit Could Bring Down Nearly 100-Year-Old Cross in Los Angeles

A nearly century-old cross standing at the entrance to Los Angeles’ historic Olvera Street could be removed thanks to an atheist’s First Amendment lawsuit.

The U.S. Court of Appeals for the Ninth Circuit is now being asked to answer whether or not the city can preserve religious displays that have become part of its cultural history.

The 10-foot wooden cross was erected at the head of Olvera Street in 1929 to commemorate Los Angeles’ 148th birthday. A Nativity scene is displayed near the cross each December as the community celebrates the traditional Las Posadas celebration, a nine day Christmas festival.

Olvera Street is part of El Pueblo de Los Angeles, the historic heart of the city near where Los Angeles was founded in 1781. The marketplace has become known for preserving and celebrating the area’s Mexican American history and culture through its shops, restaurants, and longstanding traditions.

But in 2025, Los Angeles resident Jack Gerritsen sued the city seeking to remove or cover the cross and stop the Nativity display because he says they offend him and make him feel excluded as an atheist.

Gerritsen argues that the city’s display of the religious symbols on public property violates the First Amendment’s Establishment Clause, which prohibits the government from establishing religion.

A federal district court denied Gerritsen’s request for a preliminary injunction, finding that he had not shown he was likely to succeed on his First Amendment claim, but Gerritsen appealed the decision to the U.S. Court of Appeals for the Ninth Circuit.

But the merchants who have operated businesses on Olvera Street for generations are fighting back.

Becket, a nonprofit public-interest law firm focused on religious liberty, is representing the Olvera Street Merchants Association Foundation in its effort to defend the displays and intervene in the case as a defendant alongside the City of Los Angeles.

The Daily Signal interviewed Andrea Butler, counsel at Becket and lead attorney for the merchants, about the case.

“The First Amendment doesn’t require communities to take down their history and heritage just because part of it is religious,” Butler told the Daily Signal.

Butler pointed specifically to the cross’s nearly 100-year presence at El Pueblo, arguing that its meaning extends beyond religion alone.

“The fact that they have been standing for so long and they are such an important part of the culture of the area means that, you know, they have a much broader meaning than an endorsement of religion,” she continued.

That history is central to how Butler believes the First Amendment should be applied in the case.

“The broader importance of this case is that religion isn’t something that needs to be scrubbed from the public square,” Butler said. “It’s a natural part of our community and culture and history, and it’s not something that needs to be uniquely taken down because it’s uniquely harmful in public spaces.”

If Gerritsen ultimately prevails, however, Butler said the consequences could extend beyond the current appeal.

“The ultimate impact of that might be that the city was required to take them down permanently,” Butler said.

A decision on Becket’s motion to intervene is expected in the coming months, but for now, Angelenos have to wonder whether the nearly century-old cross will be scrubbed from history.