An Oklahoma judge recently allowed the case of the three survivors of the 1921 Tulsa Race Massacre to move forward to the next phase.
In a 13-page order signed on August 3rd, Tulsa District Judge Caroline Wall ruled that the three survivors- Lessie Benningfield “Mother” Randle, Viola “Mother Fletcher and Hughes Van Ellis, Sr.- can move on with their case for reparations into the discovery phase.
Announced by the attorneys of the victims on Thursday, the signing was made in response to a motion that attempted to dismiss their claims that, under Oklahoma law, the event was a public nuisance that still has an impact on the lives of Black Americans in Tulsa, according to the press release.
“For the first time in over 100 years, the last three living survivors of the Tulsa Race Massacre will finally have an opportunity to hold accountable the institutions that instigated and facilitated one of the worst acts of domestic terrorism in this country’s history,” said the co-head lawyer of the Schule Roth & Zabel’s group representing the victims, Michael Swartz, in a statement. “While we are excited about the Court’s historic ruling, this case is by no means over.”
“We believe that discovery will unearth more facts of what truly happened at the Massacre; the plaintiffs and the public deserve a deeper understanding of the events and their aftermath, and a more accurate historical record,” he added.
In her court order, Wall also dismissed the case of six descendants whose ancestors were victims of the event, claiming that they aren’t able to sue for reparations.
The Historic Vernon AME Church INC and the Tulsa African Ancestral Society, who serve as representation for other descendants, were also dismissed as plaintiffs since they didn’t exist when the event occurred in 1921.
As for defendants, both the Tulsa Development Authority and the Tulsa Metropolitan Area Planning Commission were dismissed as they didn’t exist in 1921. With the new ruling, the defendants will remain the Tulsa Regional Chamber, the Tulsa County sheriff, the Oklahoma Military Department, the city of Tulsa and the Tulsa County commissioners.
The plaintiffs will also be given the opportunity to fix any part of their petition to strengthen their case and get rid of any potential discrepancies.
In their lawsuit, the plaintiffs and their representation claimed that the survivors were never compensated for what they lost in the event with the loss now totaling to $200 million in today’s money and that the Tulsa Race Massacre contributed to the disparities that the Black community in Tulsa faces today. The lawsuit also claimed that government officials neglected the Black community in Tulsa to favor the white parts of the city and prevented the community from rebuilding itself.
“The Massacre deprived Black Tulsans of our sense of security, hard-won economic power and vibrant community and created a nuisance that continues to this day,” says Tulsa native and attorney of the case, Damario Solomon-Simmons in a statement. “The nuisance has led to the continued destruction of life and property in Greenwood in every quality of life metric—life expectancy, health, unemployment, education level, and financial security.”
