Reparations Lawsuit

Justice is what the Greenwood community has been fighting for, for more than 100 years. Last Friday news broke that the lawsuit seeking preparations for the survivors of the Tulsa Race Massacre had been dismissed. Leaving Attorney Damario Solomon-Simmons, who represents the 3 known survivors, shocked and perplexed.

"I was... in disbelief because to get a message from some reporter saying, 'Do I have comment on the dismissal of this massive case?' that I’ve literally been working on this individual case for four years but this issue for 25 years. It’s just a gut punch,” says Solomon-Simmons.

The legal team says the judge did not notify his team or provide an explanation as to why the case was dismissed.

"We did not expect this because one, the law is on our side. The law is very clear that a public nuisance that is continuing you can move forward. Yes. Secondly, we did not expect this because in Oklahoma the standard to get found out about this late Friday night, it was a hurtful, difficult blow,” says Solomon-Simmons.

“All three survivors came to court as old as they are. And they sat there sometimes for hours, patiently and respectfully listening to the arguments and to the court while this case proceeded, not once but several times. And then the judge did not have the courtesy to issue an order explaining her reasons for inexplicably dismissing this case. That's not how justice is supposed to work," says Michael Swartz, Attorney, Schulte, Roth & Zable.

As of Monday, the City of Tulsa had not received the opinion and full order. Tulsa mayor G.T. Bynum said in a statement that read in part:
"The city remains committed to finding the graves of the 1921 Tulsa Race Massacre victims, fostering economic investment in the greenwood district...and building a city where every person has an equal opportunity for a great life."

Simmons says at one point Tulsa District Judge Caroline Wall said the case could proceed.

"We did not expect this because in Oklahoma the standard to get past a motion to dismiss is extremely low. All we had to do was plead facts and then have the opportunity to do discovery and have a trial. And thoroughly as Michael’s gonna say more about this, most importantly we didn't expect this because last year judge wall said we could move forward,” says Solomon-Simmons.

"They've prolonged this right, and they still have not been allowed to have their day in court, nothing about that is right. It's almost as if they were waiting for them to die and the thing is right never dies,” says Rep. Regina Goodwin, (D) Tulsa. But the Greenwood community and their supporters aren’t giving up. 

"We're not going to stop fighting because you say it didn't happen or you say this is the reason it happened, we know the reason it happened so we're gonna keep fighting,” says Margaret Love, Tulsa Resident.

The legal team plans to make an appeal. 

"We're gonna appeal not only for our three survivors, but for those defendants, those descendants who were kicked out before and to bring this church Vernon Ame, which is the only surviving structure from the massacre to be put back into this case,” says Solomon-Simmons.

Solomon-Simmons wants to add Vernon Ame back into the lawsuit because Vernon was where community members fled to during the 1921 massacre.

"Vernon was still standing so everybody came here until June 2nd when they felt it was safe to come out. So, this is the refuge room,” says Pastor Keith Mayes, Sr., Vernon Ame Church.

"I don't think we can really imagine as pastor said what they went through. If you think about those middle passages on the ship from Africa and they were like this. Those people stood for as long as that massacre was going on and then an additional time until they felt that it was safe. Standing here packed like those middle passengers from Africa,” says Renee, Member of Vernon Ame Church.

Built in 1905, Vernon Ame was dismissed from the lawsuit. Court documents say the entity owning the church was not incorporated until after the massacre.

"This pole has not been touched since 1921 this is the original support beam see where it melted from the heat and the pitting that's in it. You can touch it and feel it, but it still supports the same structure as it did in 1921,” says Pastor Mayes, Sr.

Solomon-Simmons broke the news to his clients, 109-year-old Viola Fletcher, 108-year-old Lessie Randle, and Hughes Van Ellis who's 102, as soon as he found out.

"The first thing I thought about what man I got to get myself together so I can call my clients because I didn't want them to hear about it on the news,” says Solomon-Simmons.

The remaining three survivors were not present at Monday’s meeting but attorney Damario Solomon-Simmons did read a statement on their behalf. In it, the survivors say they will not go silent and will continue to fight until their very last breath. As they continue to fight for justice They ask, "Where has the support gone?"