A Lawsuit by Survivors of the Tulsa Race Massacre Can proceed, a Judge Rules

05/05/2022

An Oklahoma judge ruled Monday that a lawsuit seeking reparations for the 1921 Tulsa Race Massacre can proceed, bringing new hope for some measure of justice for three survivors of the deadly racist rampage who are now over 100 years old and were in the courtroom for the decision. Tulsa County District Court Judge Caroline Wall ruled against a motion to dismiss the suit filed by civil rights attorney Damario Solomon-Simmons in 2020. The Tulsa-based attorney said after Wall announced her ruling that it is critical for living survivors Lessie Benningfield Randle, 107, Viola Fletcher, 107, and Hughes Van Ellis, 101. "We want them to see justice in their lifetime," he said, choking back tears. "I've seen so many survivors die in my 20-plus years working on this issue. I just don't want to see the last three die without justice. That's why the time is of the essence."  

Solomon-Simmons sued under Oklahoma's public nuisance law, saying the actions of the white mob that killed hundreds of Black residents and destroyed what had been the nation's most prosperous Black business district continue to affect the city today. The lawsuit also seeks reparations for descendants of victims of the massacre. "In public nuisance cases, it is clear either criminal acts or destruction of personal property" constitute a nuisance, said Eric Miller, a Loyola Marymount University law professor working with the plaintiffs. Miller said that racial and economic disparities resulting from the massacre continue to this day. 

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