Oklahoma Supreme Court declines to reconsider prior dismissal of survivors' lawsuit over 1921 Tulsa race riot

By 
 September 12, 2024

A pair of elderly survivors of the 1921 Tulsa race riot attempted to sue the Oklahoma city to force its recognition of the event and compensation for survivors of the racial massacre and their descendants.

That lawsuit was previously dismissed by a district court and the Oklahoma Supreme Court earlier this year, and the state's high court just rejected a request to reconsider that previous decision, the Associated Press reported.

The refusal to reconsider the prior dismissal seemingly brings an end, at least in this instance, efforts to hold the city accountable for its alleged role in the egregious race-based incident that occurred more than 100 years ago.

Elderly survivors sue Tulsa over 1921 race riot and massacre

The Tulsa race riot and massacre in 2021 involved a mob of white residents who, in response to claims of unpunished crimes committed by black residents, took justice into their own hands and attacked the predominately black neighborhood of Greenwood, also dubbed "Black Wall Street" because of its relative prosperity.

It is estimated that upwards of 300 black residents were killed and thousands more displaced into temporary internment camps as the section of the city was systematically looted and burned by the vigilante mob, some of whom were reportedly deputized and granted authority by Tulsa city leaders.

In 2020, a pair of elderly women who survived the deadly riot as little girls -- Viola Fletcher, 110, and Lessie Benningfield Randle, 109 -- filed a lawsuit against the city and other defendants under a public nuisance law with claims of unjust enrichment from tourism and demands for compensation for survivors, their descendants, and the once-prosperous but now still impoverished Greenwood area, according to State Court Report.

Supreme Court dismissed lawsuit in June

Unfortunately for them, a state district court judge dismissed the lawsuit and, on appeal, the Oklahoma Supreme Court upheld that dismissal in an 8-1 ruling in June, according to a separate AP report at the time.

"Plaintiffs do not point to any physical injury to property in Greenwood rendering it uninhabitable that could be resolved by way of injunction or other civil remedy," the court determined. "Today we hold that relief is not possible under any set of facts that could be established consistent with plaintiff’s allegations."

In response to the ruling, the city of Tulsa said that it "respects the court’s decision and affirms the significance of the work the City continues to do in the North Tulsa and Greenwood communities," and reiterated its commitment to "working with residents and providing resources to support" the previously devastated communities.

High court declines to reconsider prior decision

The survivors and their attorneys vowed to further appeal the dismissal and requested that the Oklahoma Supreme Court reconsider its previous decision, but per the AP, the high court stood firm on Tuesday and again rejected the claims for compensation.

The nine-member state Supreme Court did not provide any explanation for the ruling but did note that one justice did not vote on the matter while one other voted to rehear the case.

The lead attorney for the two elderly survivors of the Tulsa race riot, Damario Solomon-Simmons, could not be reached for comment by the AP following Tuesday's decision, though he did speak out after the initial dismissal in June and seemingly called for federal intervention on the issue.

"President Biden sat down with my clients. He promised them that he would see that they get justice," Solomon-Simmons revealed in June. "Then he went to the next room and had a robust speech where he told the nation that he stood with the survivors and descendants of the Tulsa race massacre," he added.

The attorney urged the U.S. Justice Department to make use of the Emmet Till Unsolved Civil Rights Crime Act -- which allows for the reopening of race-based violent crimes cold cases that occurred before 1970 -- to launch a new formal federal investigation of the 1921 incident.

" A free people [claim] their rights, as derived from the laws of nature."
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