A group of merchants operating businesses at El Pueblo de Los Angeles, the city’s nearly 300-year-old historic center, has asked a federal appeals court to join a lawsuit defending a 10-foot cross and seasonal Nativity display located at the site. The Becket Fund for Religious Liberty filed a motion on August 24 requesting the U.S. Court of Appeals for the 9th Circuit allow the merchants to intervene as defendants alongside the city of Los Angeles.
The lawsuit was brought by Los Angeles resident Jack Gerritsen, who alleged that the displays violate the Establishment Clause of the U.S. Constitution and make him feel excluded as a nonbeliever. A federal district court initially ruled against Gerritsen, but he appealed to the 9th Circuit, where the merchants now seek to participate in the defense.
The site and its significance
El Pueblo de Los Angeles, founded in 1781 by Spanish settlers known as “los pobladores,” is designated as a historical monument commemorating the city’s founding. The cross stands year-round at the head of Olvera Street, the site’s main thoroughfare, while a Nativity scene is displayed approximately 150 feet away in a gazebo during the Christmas season.
La Iglesia de Nuestra Señora la Reina de los Ángeles, a Catholic parish with roots dating to 1784, anchors the spiritual character of the plaza. The site hosts the annual Blessing of the Animals during Lent, with a cardinal or bishop presiding over the ceremony. The plaza draws visitors seeking to experience the neighborhood’s multicultural heritage and historic architecture.
The merchants’ case
The merchants argue they have a legally protected interest in preserving the site’s historic and cultural character and assert concrete economic interests tied to the cross and Nativity as attractions that draw visitors to the area. Edward Flores, who operates a café on Olvera Street and identifies with Mexican Catholic heritage, emphasized the importance of the neighborhood as a place where multiple communities contribute to the city’s identity.
“Preserving our distinct cultures and educating others about our roles in the founding and growth of Los Angeles ennobles Americans across all ethnicities, faiths, cultures, and generations to take pride in their own contributions and to see more clearly their future potential,” Flores told the Catholic News Agency, as first reported by the EWTN News.
The merchants note that Chinese and Italian heritage groups also maintain a presence in the neighborhood, underlining the plaza’s role as a meeting place for diverse communities rooted in shared history.
Religious liberty framework
The Becket Fund, which specializes in defending religious liberty claims, framed the case as one involving both cultural heritage protection and constitutional religious freedom. The intervention motion positions the merchants as parties with distinct interests from the city itself—arguing that their livelihoods and the neighborhood’s character depend on preserving the displays as part of the site’s authentic historical identity.
The appeal continues a broader national conversation about the presence of religious symbols on public property and how courts balance Establishment Clause concerns against historical preservation and community interests. The 9th Circuit’s decision on whether to allow merchant intervention, and eventually on the merits of Gerritsen’s challenge, could have implications for similar disputes involving religious displays at historical sites across the region.