GREENWOOD Dist. — On April 2, the Oklahoma Supreme Court will review oral arguments in a case brought by Viola Ford Fletcher and Lessie Benningfield Randle, the last two known survivors of the 1921 Tulsa Race Massacre. Both aged 109, these survivors stand before the Oklahoma Supreme Court as their historic case hangs in the balance, awaiting the High Court’s decision on their fight for justice.

The Potential Impact of the Ruling

The verdict of the nine justices will determine whether these Survivors can be impeded from pursuing justice for one of the most egregious racial atrocities in US history. This pivotal ruling carries significant weight, potentially impacting all Oklahomans who have endured rights infringements, as it stands to either safeguard or significantly restrict access to the civil court system for ordinary citizens.

Lessie Benningfield Randle and Viola Ford Fletcher persist in their historic pursuit, advancing their lawsuit against the City of Tulsa and other implicated institutions in the devastating massacre that claimed the lives of hundreds of Black individuals and decimated one of the nation’s wealthiest Black communities. They seek swift action from the state’s Supreme Court to prompt the Tulsa District Court to expedite the case, fostering hope for the prospect of attaining justice within their lifetimes.

Hopeful Resilience: Race Massacre Survivors Seek Justice Through Legal System

“We are grateful that our now-weary bodies have held on long enough to witness an America, and an Oklahoma, that provides Race Massacre survivors with the opportunity to access the legal system,” Randle and Fletcher said in a joint statement. “Many have come before us who have knocked and banged on the courthouse doors only to be turned around or never let through the door.”

“Now, our pursuit of justice rests in the hands of our Oklahoma Supreme Court. They have the power to open the doors of justice and give us the opportunity to prove our case.”

Legal Victories and Setbacks: The Journey Towards Justice for Race Massacre Survivors

Initiated in 2021 under Oklahoma’s public nuisance law, the lawsuit overcame significant legal obstacles, igniting optimism that, after more than a century, the perpetrators of the massacre might finally face trial.

The Tulsa district judge’s dismissal of the Survivors’ lawsuit in August, citing questionable procedural grounds, reverberated nationwide. Nonetheless, the Oklahoma Supreme Court promptly reinstated the case, acknowledging the Survivors’ contention that they were being subjected to a standard not imposed on any other plaintiff in the state.

Legal Battle for Justice: Defending the Rights of Tulsa Race Massacre Survivors

“It breaks my heart that even after suffering through a state-sponsored atrocity and its demoralizing aftermath, the last two Tulsa Race Massacre survivors are devoting the fleeting time they have left to a battle that the defendants hope will break their spirits,” said Damario Solomon-Simmons, lead attorney for the survivors. “But the City of Tulsa’s shameful plan will not work.”

“To be clear, the fight facing Mother Fletcher and Mother Randle is about more than just Black Wall Street. It is about the right of every person in Oklahoma to be rest assured that if they are ever abused, swindled, or exploited, they will have a reasonable chance to prove their case in court. This is what every American deserves, and it’s what the City of Tulsa, one of the main culprits behind the Tulsa Race Massacre, is trying to take away. I look forward to the Oklahoma Supreme Court hearing our arguments, and pray that they uphold the rights of my clients, and all victims in the state, by swiftly directing District Judge Caroline Wall to proceed with the case.”

“We look forward to the opportunity to explain to the court why our clients have met Oklahoma’s pleading requirements and why the case should continue expeditiously in the trial court.” said Michael Swartz, Partner at Schulte Roth & Zabel, co-counsel on the case representing the two remaining survivors. “The defendants are asking the Oklahoma Supreme Court to hold Mother Randle and Mother Fletcher to a higher pleading standard than any other plaintiff who seeks justice in Oklahoma courts, which would be a grave injustice.”

Related Stories

Stakes for Justice: Potential Ramifications of Judicial Decision on Tulsa Massacre Survivors’ Lawsuit

Should the justices determine that the survivors failed to meet the pleading standard and uphold the dismissal by the Tulsa District Court, it could significantly alter Oklahoma’s pleading standard for all subsequent plaintiffs. Such a ruling would raise the bar for any victim in the state seeking to advance a lawsuit, making it more challenging to proceed with legal actions.

Moreover, should the justices procrastinate in rendering a decision, the hearing scheduled for April 2 might mark the survivors’ ultimate courtroom appearance during their lifetimes. Hughes “Uncle Red” Van Ellis, who was the youngest of the remaining massacre survivors at 102, died in October. In 2021, he participated in a Congressional hearing, where he made the tearful plea: “Please do not let me leave this earth without justice.”

Ellis’ sister, Viola Fletcher, turns 110 on May 10.

The Time and Where to Watch the Oral Arguments

Justices will hear oral arguments on April 2 at 1:30 pm CST/2:30 EST at the Oklahoma State Capitol (2300 N Lincoln Blvd, Oklahoma City, OK), in the Supreme Court Room on the 2nd Floor.

The hearing will be open to the public and live-streamed at JusticeforGreenwood.org/watchparty