TULSA, Okla. — The three remaining survivors of the 1921 Tulsa Race Massacre will have to wait one more week for a judge to decide if their case will go to trial. They were back in court Wednesday morning, on the oldest survivor’s birthday.
“Our very special guest Mother Viola Ford Fletcher is 109 years old today,” said attorney Damario Solomon-Simmons.
Viola Fletcher spent part of her birthday at the Tulsa County Courthouse 102 years after she survived the destruction of her community.
“What she wants most of her birthday is justice,” said Solomon-Simmons.
Oral arguments for a motion to dismiss hearing brought Fletcher, Lessie Benningfield Randle, and Hughes Van Ellis known as Uncle Red to court on Wednesday.
“We want an abatement of the nuisance that was created by the 1921 Tulsa Race Massacre,” said Solomon-Simmons.
They first filed the case in 2020 and have been trying to get it to trial ever since. Solomon-Simmons says the massacre caused an ongoing public nuisance that severely impacted the lives of the survivors and the community.
They’re suing the city of Tulsa, the Tulsa Regional Chamber, the Tulsa County Board of County Commissioner, Sheriff Vic Regalado in his official capacity and the Oklahoma Military Department.
“We just want the opportunity to prove our case,” said Solomon-Simmons. “We accept the burden that is necessary to prove that the nuisance was created. It continues and the defendants did it and they have a duty to abate it.”
Attorneys for the city and the other local government entities want the judge to dismiss the case. In court Wednesday, they said the survivors failed to show a legally cognizable abatement remedy or a clearly identifiable way to fix the problem.
The hearing brought dozens of the survivors’ supporters to court.
“I want to see us win justice not only for the survivors but for the community. It’s long overdue.”
Judge Caroline Wall says she’ll decide whether the case will move forward in a written decision in 7 days.
We did reach out to the city of Tulsa for a statement. The city says they don’t comment on pending litigation.
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