Oklahoma Supreme Court dismisses Tulsa Race Massacre lawsuit against the City of Tulsa

Remembering Black Wall Street A woman points at a picture of devastation from the Tulsa Race Massacre in a prayer room dedicated to the massacre at the First Baptist Tulsa church during centennial commemorations, Sunday, May 30, 2021, in Tulsa, Okla. The church made the room to provide a place to explore the history of the Tulsa Race Massacre of 1921 and to prayerfully oppose racism. (AP Photo/John Locher) (John Locher/AP)

By Skyler Cooper

The Oklahoma Supreme Court issued a decision Wednesday that puts an end to a lawsuit brought against the City of Tulsa by survivors of the 1921 Tulsa Race Massacre.

The state Supreme Court affirmed a July 2023 District Court decision dismissing the case with prejudice. Attorneys appealed the decision and the state Supreme Court agreed to review the case.

“With respect to their public nuisance claim, though Plaintiffs’ grievances are legitimate, they do not fall within the scope of our State’s public nuisance statute. We further hold that Plaintiffs’ allegations do not sufficiently support a claim for unjust enrichment...” The decision said.

Read the decision here

The lawsuit was filed in 2020 on behalf of three survivors, Lessie Benningfield Randle (109), Viola Ford Fletcher (110) and Hughes Van Ellis. Mr. Van Ellis passed away in October 2023 at the age of 102.

The case claimed the 1921 Tulsa Race Massacre violated the public nuisance law.

“We retained this matter on Plaintiffs’ motion and hold that Plaintiffs’ grievances do not fall within the scope of our state’s public nuisance statute and Plaintiffs’ allegations do not support a claim for the equitable doctrine of unjust enrichment.” The Court wrote.

The City of Tulsa released the following statement:

“The City of Tulsa respects the court’s decision and affirms the significance of the work the City continues to do in the North Tulsa and Greenwood communities. Through economic development and policy projects, the 1921 Graves Investigation, and a renewed community vision for the Kirkpatrick Heights & Greenwood Master Plan, the City remains committed to working with residents and providing resources to support the North Tulsa and Greenwood communities.”