A group of Mexican-American merchants have joined the legal fight to save a nearly century-old cross and longstanding nativity display at El Pueblo, the historic heart of Los Angeles, according to court papers obtained Wednesday.
The Olvera Street Merchants Association asked the U.S. Court of Appeals for the Ninth Circuit to allow the group to intervene in the case as defendants alongside the city of Los Angeles. The merchants have “a significant and legally protected interest in preserving the historic and cultural heritage of El Pueblo,” the Los Angeles federal court filing said.
Plaintiff Jack Gerritsen sued the city last year claiming that two displays on public land at El Pueblo — a hand-carved wooden cross erected in 1929 and the nativity traditionally displayed in the Old Plaza every Christmas season — violate the First Amendment’s establishment clause, which, among other things, bars the government from favoring one religion over others.
Gerritsen says the cross and nativity scene offend him and make him feel excluded as an atheist. In May, a federal judge in downtown Los Angeles rejected the request to scrub the seasonal display and Gerritsen appealed to the Ninth Circuit.
The business owners, the filing said Monday, have “concrete economic interests in preserving the cross and nativity as important attractions that draw visitors to the area.”
The cross and display have long been part of El Pueblo’s history and traditions. The 10-foot wooden cross was erected at the head of Olvera Street in 1929 to commemorate Los Angeles’ 148th birthday, while the nativity is displayed each December alongside the community’s traditional Las Posadas celebration.
“For generations, the merchants of Olvera Street have kept the neighborhood’s rich Mexican-American heritage alive,” Andrea Butler, 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.”
A decision on the motion to intervene is expected in the coming months.
“Los Angeles shouldn’t have to erase its own history every time someone takes offense,” Butler said. “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.”
Gerritsen could not immediately be reached for comment.