Christianity-hating activist moves to tear down historic Los Angeles cross — but proud LA group is having none of it

A group of Los Angeles residents are taking a stand against the latest effort in California to erase Christianity from public spaces.

A nearly century-old, hand-carved 10-foot cross stands within a stone's throw of the birthplace of Los Angeles. While every year, over 2 million visitors pass the historic cross in El Pueblo, a self-identified "freedom of expression activist" unilaterally decided that the sight of the Christian symbol was too much to bear.

'Los Angeles shouldn’t have to erase its own history every time someone takes offense.'

Jack Gerritsen — a resident of Bell, California, who was convicted decades ago for interfering with police radio transmissions — sued the city last year, claiming that the cross and the nativity traditionally displayed in the Old Plaza during the Christmas season violate the Establishment Clause of the First Amendment.

Gerritsen said that the nativity "offends [him] and makes [him] feel excluded as a non-believer," and the cross constitutes a "Christian endorsement on public land."

Offended by the religious nature of the displays, Gerritsen — who appears to be behind a Facebook account that has demeaned Christianity, idolized the anti-Christian Marxist-Leninist Che Guvera, and made excuses for terrorists — joined Henry Frederick Ramey Jr., with whom he previously sued multiple regional authorities, in asking a federal court to order the removal of the cross and prohibit the city from ever again putting up the nativity. The two are also seeking $5 million in damages.

The district court rejected their request.

Citing the U.S. Supreme Court's ruling in American Legion v. American Humanist Association, the lower court noted that because the cross was erected nearly a century ago, it met the "presumption of constitutionality" as "established" and "longstanding." The court also noted that there was no evidence to suggest that the cross was "maintained with discriminatory intent" or that it conveys deliberate disrespect on the basis of religion.

While the court did not find that the nativity display was similarly "established," it recognized it as "part of a broader national tradition," "a central piece of a longstanding local cultural practice," and "consistent with this country's history." Therefore, the court determined, it does not violate the Establishment Clause.

RELATED: The anti-Christian myth of First Amendment 'neutrality'

Courtesy of Becket Fund for Religious Liberty

The plaintiffs kept the legal battle alive by appealing the ruling. Gerritsen did not immediately respond to a request for comment from Blaze News.

The Becket Fund for Religious Liberty asked the U.S. Court of Appeals for the Ninth Circuit on Monday to permit a group of local merchants to join the case and defend the historic displays.

"For generations, the merchants of Olvera Street have kept the neighborhood‘s rich Mexican-American heritage alive," Andrea Butler, counsel at Becket and lead attorney for the merchants, said in a statement. "Now one observer wants to take down the parts of that heritage that include religion."

"Thankfully, the First Amendment doesn’t include a third-party veto over history and culture merely because it acknowledges religion," added Butler.

The Olvera Street Merchants Association Foundation is a nonprofit organization formed to protect and promote the traditional, historical, and cultural events in the area, whose members have a "significant protectable interest in the historical and cultural preservation of Olvera Street," Becket said in its motion. For starters, the foundation's board of directors "comprises merchants whose families have been part of the Olvera Street merchant community since its inception in 1930."

Becket noted in its proposed intervenor-defendant's brief that "El Pueblo has been preserved as a State Historic Park and a National Historic District specifically to protect its historic and cultural heritage, dating back to the founding of Los Angeles itself. ... The displays at issue here are a key part of that heritage."

"Los Angeles shouldn’t have to erase its own history every time someone takes offense," stated Butler. "The cross and nativity are woven into the fabric of El Pueblo. Nothing in the Constitution requires those traditions to be torn away. The city should be free to keep its full history, including the parts that happen to be religious."