Greenwood Attorneys To Appeal Dismissal Of Tulsa Massacre Lawsuit To Oklahoma Supreme Court

Written By Aevum Caelum

No Time Limit On Justice

Attorney Damario Solomon-Simmons, representing the plaintiffs seeking restitution for survivors of the 1921 Tulsa Race Massacre, plans to appeal the dismissal of the historic lawsuit to the Oklahoma Supreme Court. The lawsuit, which aimed to obtain justice and reparations for the racially motivated attack on the Greenwood community, was dismissed by Tulsa County Judge Caroline Wall. Solomon-Simmons criticized the decision and expressed confidence in the law and facts of the case as grounds for an appeal.

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Attorney Damario Solomon-Simmons Announces Appeal

Attorney Damario Solomon-Simmons, a prominent figure in advocating for justice and reparations for the Greenwood community, has announced his intention to appeal the dismissal of the lawsuit seeking restitution for survivors of the 1921 Tulsa Race Massacre. The decision to appeal comes after Tulsa County Judge Caroline Wall dismissed the public nuisance lawsuit, which aimed to address the racially motivated attack and its ongoing impact.

In 2022, the lawsuit was won significantly when Judge Wall allowed the case to proceed despite arguments for its dismissal from the defendants. The lawsuit, filed in 2020, asserted that the 1921 Tulsa Race Massacre represented an ongoing public nuisance affecting survivors Viola Fletcher, Lessie Benningfield Randle, and Hughes Van Ellis Sr. 

It emphasized that the destruction of Greenwood, once America’s most prosperous Black business community, continues to have lasting effects on Tulsa.

Justice For Greenwood + Massacre Survivors

The lawsuit specifically involved three known living survivors of the Tulsa Race Massacre. Viola Ford Fletcher, also known as “Mother” Viola Fletcher, at 109 years old, experienced the massacre as a child and has been a vocal advocate for justice. Lessie Benningfield Randle, known as “Mother” Lessie Benningfield Randle, at 108 years old, also endured the trauma of the massacre as a child and has been actively seeking reparations and recognition for the Greenwood community. 

Hughes Van Ellis, known as “Uncle Redd,” Hughes Van Ellis, at 102 years old, survived the massacre as a child and has been part of the ongoing efforts for justice.

Despite the survivors and their descendants, as well as institutions such as Vernon A.M.E. Church, initially being part of the lawsuit, Judge Wall removed them from it last year. Attorney Solomon-Simmons firmly believes that the law and facts of the case are clear, and he is confident that the Oklahoma Supreme Court will allow the case to proceed to trial.

The dismissal of the lawsuit marked the third attempt at seeking justice for the Greenwood community, as previous lawsuits in 1922 and the early 2000s also failed to provide restitution. This lawsuit took a unique approach by utilizing state law to bypass the statute of limitations, offering renewed hope for accountability.

Attorney Solomon-Simmons accused Judge Wall of backpedaling on her previous order and criticized the lack of a written explanation for her decision. The dismissal of the lawsuit adds to the intergenerational racial trauma experienced by Black Tulsans, who continue to face disparities in various areas.

In response to the dismissal, Tulsa is committed to supporting the restoration of the Historic Greenwood District and educating future generations about the massacre. Attorney Damario Solomon-Simmons intends to bring descendants and other institutions back into the lawsuit during the appeal process. 

The appeal represents a fight for justice for Greenwood and a broader call for justice for Black communities across the nation.

Updated by Kelci Brown on July 11th, 2023


Tulsa Race Massacre Reparations Lawsuit Moving Forward With Judge’s Ruling

A lawsuit filed on behalf of survivors of the 1921 Tulsa Race Massacre recorded a victory on Monday when a judge allowed the case to move forward even though the defendants argued that the case should be dismissed.  The main point of this case, according to survivors, is to undo the harm and injustice the community has suffered.  The survivors argue there is no time limit on justice when there is continued harm even a hundred years later.

Moving Forward

Following a motion to dismiss the case, plaintiffs seeking reparations for the 1921 Tulsa Race Massacre celebrated a judge’s ruling on Monday allowing their case to move forward.

Judge Caroline Wall stated the motion to dismiss was “granted in part” and “denied in part”. This means the case can move forward. However, it is not certain what will happen next, including details on a potential trial, according to Michael Swartz, one of the attorneys for the plaintiffs.

The plaintiffs’ attorneys pleaded on Monday afternoon for the judge to allow the case to move forward so survivors and descendants of victims from the massacre could have their day in court, as well as some form of justice.  

“I’ve never seen nothing like this happen,” said Hughes Van Ellis, a 101-year-old survivor of the massacre, to CNN. “That means it’s going to change things. It’s going to make people think … It’s going to change, it’s going to be better for everybody.” 

The lawsuit was filed in March 2021. Its intent was to set the historical record on what happened between May 31 and June 1, 1921. It also seeks to create a special fund for survivors and descendants of the massacre that left at least 300 Black people dead and Greenwood destroyed.

Race Against Time

Attorneys for the plaintiffs are also fighting time, as three of their clients are more than 100 years old. Damario Solomon-Simmons, another attorney for the plaintiffs, told CNN Monday today’s victory followed a long string of defeats.

“When you work on something for 20-plus years, you have defeat after defeat … you have client after client die. To know I have three living survivors that are here with me right now feel this partial victory, it means everything,” Solomon-Simmons said.

According to Solomon-Simmons, Wall’s decision is the basis for future similar cases of discrimination. It also ensures America is held accountable for an injustice committed a hundred years ago.

“It shows a precedent and model of how you can organize a community, how you can organize your colleagues and partners throughout the nation,” he said. “This victory we’ve received is because of so many people working together from across this nation and building coalitions,” he added.

Defendants Named

Eleven plaintiffs were named in the lawsuit, including survivors and relatives of survivors. Seven total defendants are named, including the city of Tulsa, the Oklahoma Military Department, and the Tulsa Development Authority.

Six months after the lawsuit was initially filed, several defendants in the case filed motions to dismiss.  They argued that the case lacks standing because some plaintiffs have not proven they suffered a concrete personal injury. In addition, alleged injuries cannot be remedied by the court. A hearing was held in September, but no decision was made. 

A judge gave plaintiffs a January 31 deadline to present new arguments and the defendants until March to respond, Solomon-Simmons said.

“We asked her for another hearing day because mother (Viola) Fletcher turns 108 on May 10, and we asked Judge Wall and … we said, ‘Look, this issue needs to be resolved before this lady turns 108 years old.’ And that’s why she granted that hearing,” said Solomon-Simmons. 

In addition to correcting the historical record and creating a fund for survivors and descendants, the lawsuit is looking to officially declare the actions of that day and the century that followed after the riots “created a public nuisance” for the plaintiffs and their descendants as defined by Oklahoma law. The next steps after Monday’s hearing would be the discovery stage or the gathering of more evidence. 

“And that’s why this is so important. There’s so much we don’t know about the massacre. There’s so much, we don’t know about the ongoing harm,” Solomon-Simmons said.

Public Nuisance Charge Might Not Be Enough

John Tucker, a representative of the Tulsa Chamber, argued Monday that a charge of public nuisance cannot address societal ills.

He also quoted from the November ruling where the Oklahoma Supreme Court reversed a court decision that ordered Johnson & Johnson to pay $65 million to Oklahoma for its role in the opioid crisis.

“We hold that the district court’s expansion of public nuisance law went too far,” Oklahoma Supreme Court Justice James Winchester wrote in his opinion at the time while adding the state’s public nuisance is not applicable to the opioid pandemic.

Tucker also argued the massacre happened too long ago to warrant a charge of public nuisance. Plaintiffs compared the massacre to an oil spill that has long-term effects, Tucker disagreed, arguing the massacre can’t be likened to an oil spill that’s still on the ground and causing harm. 

He then argued it’s a matter to be addressed by other branches of government, not the courts, and the judge would be overstepping the legislature’s mandate by allowing this case to go to trial.

A Brief History Of Tulsa

Greenwood District was a thriving Black hub of commerce, home to multiple millionaires and about 300 Black-owned businesses. It was known as “Black Wall Street.”

On May 30, 1921, Dick Rowland, a 19-year-old Black shoe shiner, ran out of an elevator in a downtown building. This followed a scream by the elevator’s teen operator. Rumors of rape circulated, Rowland was arrested, and White Tulsans formed a lynch mob.

Black Tulsans arrived at the jail to defend Rowland. A fight then occurred, a gun went off, and as then-Sheriff William McCullough told Literary Digest, “All hell broke loose.”

The mob destroyed about 35 blocks within 16 hours, arresting thousands of Black residents, while robbing, beating and killing others. Historic photos show entire blocks gutted by flame and Black people lying in the street.

Matters worsened when insurance companies denied many claims for what today would be tens of millions of dollars in damages. The damage included the destruction of two Black hospitals and 1,256 residences, according to the Greenwood Cultural Center.

“There is still no hospital in north Tulsa today. So that’s 101 years that that hospital has never been rebuilt,” Solfanelli said. “When you think about the generational wealth that was lost when Greenwood was lost, then I think people can step back and say, ‘Wait a minute, imagine if that happened to my great-grandparents.'”

“It’s special because of the size and scope of the destruction. It’s special because we have so much documentation, we have actual video, we have hundreds of pictures, we have hundreds of insurance claims that were not paid, and we have three living survivors,” he said. “If Black people can’t win this, how can we win?”

Harvard University Addresses Ties To “Entanglement” In Slavery

Harvard University will be committing $100 million to study and redress its ties to slavery. This is alongside plans for reparations and assessing how many were enslaved by Harvard figures.

Harvard University plans to invest $100 million to study and redress its past ties to slavery in the United States. This was announced on Tuesday by Lawrence S. Bacow, Harvard University president.

Bacow said Harvard would create a “Legacy of Slavery Fund,” which will continue to research and memorialize that history. This would be conducted alongside descendants of Black and Native American people enslaved at Harvard and its broader communities.

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Written by Aevum Caelum

Aevum is a local Georgia creative who writes and draws in their spare time while also enjoying animation, video games, politics, government, etc. Their favorite artists are Amine, Doechii, Whitney Houston, Kota the Friend, Doja Cat, Eminem, Lil Nas X, etc.

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