THE STATE’S HIGHEST COURT. WELL, TODAY’S COURT HEARING WAS TO DECIDE IF THE LOWER COURT SHOULD REVERSE THEIR DISMISSAL IN THE CASE. NOW, IT’S IN THE HANDS OF THE STATE SUPREME COURT. TODAY’S ARGUMENTS WERE A LAST DITCH EFFORT TO GET THE STATE’S HIGHEST COURT TO REVERSE THAT. TULSA JUDGE’S DECISION IN JULY OF 2023, YOU’LL REMEMBER A TULSA COUNTY JUDGE DISMISSED THE LAWSUIT SEEKING REPARATIONS FOR THE 1921 TULSA RACE MASSACRE. AND THE SUIT WAS DISMISSED WITH PREJUDICE, MEANING IT’S DISMISSED AND CANNOT BE RETRIED. BUT TODAY, ATTORNEYS ARGUED TO THE STATE SUPREME COURT THEY SHOULD REVERSE THAT DISMISSAL. THE LAST TWO KNOWN SURVIVORS OF THE TULSA RACE MASSACRE, LESSIE BENNINGFIELD RANDLE AND VIOLA FORD FLETCHER, BOTH 109 YEARS OLD, HAD WHAT ATTORNEYS SAY COULD BE THEIR LAST DAY IN COURT. ATTORNEYS TODAY ARGUING TO OKLAHOMA’S HIGHEST COURT THE LAST TWO KNOWN SURVIVORS SHOULD CONTINUE THEIR FIGHT AND ALLOW THE TULSA DISTRICT COURT TO MOVE THIS CASE FORWARD. DAMARIO SOLOMON SIMMONS, REPRESENTING THE TWO SURVIVORS, BROUGHT UP CLAIMS THAT THE DEFENDANTS, CITY OF TULSA, WERE NEVER HELD ACCOUNTABLE FOR THE MASSACRE AND THE MASSACRE CREATED AN ONGOING PUBLIC NUISANCE AND LEFT THE NEIGHBORHOOD OF GREENWOOD BLIGHTED. HE ALSO ARGUED HIS CLIENTS HAVE BEEN AND CONTINUE TO SUFFER FROM IT, AND THEY SAY THIS WAS A LAST DITCH EFFORT TO MOVE THE CASE FORWARD. HOWEVER, ATTORNEYS REPRESENTING THE CITY AND COUNTY OF TULSA ACKNOWLEDGED THE TRAGEDY OF THE MASSACRE BUT SAY THEY LACK STANDING FOR THEIR PUBLIC NUISANCE CLAIM. THEY ALSO SAY THE ISSUES POINT TO INEQUALITY, BUT THEY AREN’T A PUBLIC NUISANCE. HOWEVER, FOR THE MEN AND WOMEN WHO SURVIVED AND STAYED, THE END OF THE MASSACRE WAS ALSO THE BEGINNING OF ANOTHER STORY. UH, AND AS A STORY THAT SHOULD NOT GO UNACKNOWLEDGED AND IT IS IMPORTANT HERE, IN LIGHT OF THIS ONGOING PUBLIC NUISANCE ARGUMENT AND WE ARE AT THE PLEADING STAGE. WE HAD A LOT OF TESTIMONY AND FACTS. THAT REALLY SHOWS, AGAIN, WHY WE NEED DISCOVERY IN THIS CASE. IN THEIR BRIEFING, CHIEF COUNSEL FOR THE APPELLANTS CLAIMED GREENWOOD WAS NEVER REBUILT AFTER THE TULSA RACE MASSACRE WHILE IN LINE WITH THEIR CLAIMS. THIS ASSERTION IS SIMPLY NOT SUPPORTED BY HISTORY BECAUSE OF THE BLIGHT AND GREENWOOD THAT THEY CREATED DURING THE MASSACRE, AND IT’S CONTINUED TO THIS DAY, IT IS INHIBITING OR CAUSING HARM TO THE HEALTH, SAFETY, COMFORT AND REPOSE OF THE SURVIVORS AND THE GREENWOOD COMMUNITY THAT IS OUR DUTY AT THE PLEADING STAGE. THAT’S WHERE WE ARE. AND ATTORNEYS IN THIS CASE SAY THEY ARE HOPEFUL. BUT ULTIMATELY IT IS UP TO THE STATE SUPREME COURT. AND NOW WE JUST WAIT FOR A DECISION REPORTING LIVE
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Oklahoma Supreme Court hears if Tulsa Race Massacre reparations case can move forward
The Supreme Court of Oklahoma heard the arguments to decide if the lower court should reverse its dismissal of the case
Updated: 5:35 PM CDT Apr 2, 2024
An Oklahoma court heard if a reparations case for the last-known survivors of the Tulsa Race Massacre could move forward on Tuesday. A Tulsa County judge dismissed their case last year relating to the horrific tragedy in 1921. The Supreme Court of Oklahoma heard the arguments to decide if the lower court should reverse its dismissal of the case. | MORE | Remembering the Tulsa Race Massacre: 102 years since one of darkest chapters in Oklahoma historyIn July 2023, the case was dismissed with prejudice, meaning it was dismissed and cannot be retired. In a last-ditch effort, attorneys argued in the state Supreme Court that judges should reverse that dismissal. The last two known survivors of the Tulsa Race Massacre, Lessie Benningfield Randle and Viola Ford Fletcher, are both 109 years old. The two had what attorneys said could be their last day in court. Damario Solomon-Simmons, an attorney representing the two survivors, brought up claims that defendants, the city of Tulsa, were never held accountable for the massacre. He said the tragedy created an ongoing public nuisance and left the neighborhood of Greenwood blighted. He also argued that his clients have, and continue to, suffer from the event. He said this was the last chance to move the case forward. “We are at the pleading stage. We have a lot of testimony and facts, which shows why we need discovery in this case,” Solomon-Simmons said. Attorneys representing the city of Tulsa and Tulsa County acknowledged the tragedy of the massacre, but they said they lack standing for their public nuisance claim. They also said the issues point to inequality, but they aren’t a public nuisance. “For the men and women who survived and stayed, the end of the massacre was also the beginning of another story,” said Keith Wilkes, the attorney representing Tulsa County. “In their briefing, they claim Greenwood was never rebuilt after the Tulsa Race Massacre. While in line with their claims, this assertion is simply not supported by history.” The state Supreme Court will have the final say in the case. Attorneys said they don’t know how long it will be before a decision is made. “Because of the blight in Greenwood that they created during the massacre and has continued to this day, it is inhibiting or causing harm to help safety, comfort and repose of the survivors of the Greenwood community. That is our duty at the pleading stage. That’s where we are,” Solomon-Simmons said. Top Headlines Monday brought tornado warning, severe storms to Oklahoma Women’s NCAA Tournament Elite Eight recap Oklahoma correctional officer taken to hospital after being stabbed by inmate multiple times, ODOC says Oklahoma Supreme Court denies petition to rehear constitutionality of SQ 832 Neighbors react to eviction that ended with 1 dead after man set himself on fire
An Oklahoma court heard if a reparations case for the last-known survivors of the Tulsa Race Massacre could move forward on Tuesday.
A Tulsa County judge dismissed their case last year relating to the horrific tragedy in 1921. The Supreme Court of Oklahoma heard the arguments to decide if the lower court should reverse its dismissal of the case.
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In July 2023, the case was dismissed with prejudice, meaning it was dismissed and cannot be retired. In a last-ditch effort, attorneys argued in the state Supreme Court that judges should reverse that dismissal.
The last two known survivors of the Tulsa Race Massacre, Lessie Benningfield Randle and Viola Ford Fletcher, are both 109 years old. The two had what attorneys said could be their last day in court.
Damario Solomon-Simmons, an attorney representing the two survivors, brought up claims that defendants, the city of Tulsa, were never held accountable for the massacre. He said the tragedy created an ongoing public nuisance and left the neighborhood of Greenwood blighted.
He also argued that his clients have, and continue to, suffer from the event. He said this was the last chance to move the case forward.
“We are at the pleading stage. We have a lot of testimony and facts, which shows why we need discovery in this case,” Solomon-Simmons said.
Attorneys representing the city of Tulsa and Tulsa County acknowledged the tragedy of the massacre, but they said they lack standing for their public nuisance claim. They also said the issues point to inequality, but they aren’t a public nuisance.
“For the men and women who survived and stayed, the end of the massacre was also the beginning of another story,” said Keith Wilkes, the attorney representing Tulsa County. “In their briefing, they claim Greenwood was never rebuilt after the Tulsa Race Massacre. While in line with their claims, this assertion is simply not supported by history.”
The state Supreme Court will have the final say in the case. Attorneys said they don’t know how long it will be before a decision is made.
“Because of the blight in Greenwood that they created during the massacre and has continued to this day, it is inhibiting or causing harm to help safety, comfort and repose of the survivors of the Greenwood community. That is our duty at the pleading stage. That’s where we are,” Solomon-Simmons said.
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