Appeals Court Says Historic Los Angeles Cross Stays

A federal appeals court ruled yesterday that a nearly century-old wooden cross and a longstanding nativity display can remain at El Pueblo in Los Angeles. The court rejected a lawsuit from a local resident seeking to remove the historic displays. ^[1]

The 10-foot wooden cross was erected at the head of Olvera Street in 1929 to honor the 148th birthday of Los Angeles. A nativity scene is also displayed there every December during the traditional Las Posadas celebration. In 2025, a resident sued the city to remove or cover the cross and stop the nativity display. The resident argued that the displays’ religious nature offended him and made him feel excluded as an atheist.

The U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision that neither display violates the First Amendment.

The U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision that neither display violates the First Amendment. This ruling allows the cross and nativity to stay up while the case continues. “This ruling is common sense: of course the City of Angels has room for religious symbolism,” said Andrea Butler, counsel at Becket.

Becket represented a group of Olvera Street merchants in the case. These merchant families have helped preserve the area’s Mexican-American heritage since the market opened in 1930. “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,” said Butler.

The case will now return to the U.S. District Court for the Central District of California for a final decision.