July 9th 2023.
Families of the survivors of the 1921 Tulsa massacre were dealt a devastating blow this week when an Oklahoma judge denied their petition on the basis that they did not show proof of “individualized injury”. According to NBC News, Judge Caroline Wall dismissed the suit with extreme prejudice, meaning that the three survivors seeking damages will be unable to refile in state court. Philanthropist Ed Mitzen, who gave Lessie Benningfield Randle, Viola Fletcher, and Hughes Van Ellis a sum of one million dollars, called the judge’s ruling “an incredibly sad decision”.
The State of Oklahoma and the City of Tulsa, the defendants in the case, argued that the plaintiffs did not suffer individual and adverse effects as a result of the massacre. They noted that “simply being connected to a historical event does not provide a person with unlimited rights to seek compensation”. Judge Wall, a Republican and constitutional conservative, likely found this argument compelling.
The Greenwood Massacre of 1921 began with a misunderstanding or lie involving a Black teenager getting into an elevator with a white teenager. The city newspaper called for a lynching, and the following day white mobs were looting and burning down the district. This destruction resulted in an estimated 300 deaths and the complete obliteration of a thriving Black community, known affectionately as Black Wall Street.
Lawyers for the families are now expected to appeal the judge’s ruling. Van Ellis told CNN “My life was taken from me. I lost 102 years, I don’t want nobody else to lose that.” Ike Howard, a grandson of Viola Fletcher, expressed his frustration to CNN, calling on the Department of Justice to get involved: “They were blighted and once again not made whole. We still remain blighted. We wish the D.O.J would investigate…How can we get justice in the same city that created the nuisance? Is justice only for the rich?”
The families of the 1921 Tulsa massacre survivors have been dealt a devastating blow. Although there is still hope for an appeal, the judge’s ruling has brought to light the deep-rooted issues of racism and injustice that still exist in this country. These families have been denied their right to seek compensation and justice, a right that should be afforded to all. It is now up to the Department of Justice to step in and ensure that these families get the justice they deserve.
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