Ivy Prosper
3 min readJul 10, 2023

Disappointment as Lawsuit Seeking Restitution for Tulsa Race Massacre Survivors is Dismissed

Viola Fletcher, 109, and her brother Hughes Van Ellis, 102, pictured at their Ghanaian Citizenship ceremony in February of this year. (Photo: Beyond the Return/Ghana TourismAuthority)

In a disheartening turn of events, a lengthy legal battle seeking restitution for the three last known living survivors of the 1921 Tulsa Race Massacre has come to an end. Judge Caroline Wall dismissed the lawsuit with prejudice, preventing it from being refiled. The decision has received substantial backlash within the Black community as hopes for justice and reparations faded.

The Lawsuit Dismissal

According to recently released court filings, Tulsa County District Judge Caroline Wall granted the City of Tulsa attorneys' motion to dismiss the case, citing it as "dismissed with prejudice." This ruling effectively prevents any future attempts to seek restitution through legal means. The attorneys representing the city argued that the case failed to outline how the harm could be remedied, while the opposing attorneys claimed that state law does not require those details before a trial begins.

Survivors Denied:

The three last surviving individuals of the 1921 Tulsa Race Massacre, Mother Lessie Benningfield Randle, 108, Uncle Red Hughes Van Ellis, 102, and Queen Mother Viola Ford Fletcher, 109, have been met with widespread disappointment as their pursuit of justice has been halted. Their advanced ages are evidence of the urgency in acknowledging and addressing the atrocities they experienced.

This legal defeat has been felt across Black America. It not only denies reparations for the survivors but also sets a discouraging precedent for other communities affected by white supremacy and racial violence. The potential impact on future cases seeking justice is profound. The outcome in Tulsa was considered crucial by many people for progress towards healing and reparatory measures.

Attorney Damario Solomon-Simmons, the leader of Justice for Greenwood, raised concerns about the City of Tulsa's hypocrisy in using the survivors' story for cultural tourism while simultaneously denying them reparations. This contradiction highlights the city's lack of acknowledgment and support for the survivors' plight.

Hopes of a trial were shattered when the judge ruled against allowing the case to proceed. The Justice for Greenwood team, representing the survivors, had previously been forced to remove descendants from the lawsuit due to a motion to dismiss filed by the city, county, and state governments. This final decision came almost two months after a court hearing, leaving many feeling disheartened and frustrated.

Coinciding with the dismissal, the State Superintendent of Public Instruction made a troubling statement suggesting that teachers should stop teaching that the Tulsa Race Massacre was racially motivated. Such attempts to downplay the significance of this devastating event add to the frustration felt by Black people in Tulsa and Black Americans across the United States.

Survivor “Mother” Fletcher has even written a memoir, 'Don't Let Them Bury My Story', about her experiences. She made history as the oldest person to publish a memoir.

The dismissal of the restitution lawsuit for the survivors of the 1921 Tulsa Race Massacre marks a significant setback in the pursuit of justice and reparations. The denial of acknowledgment, reparations, and the effort to rewrite history undermines progress towards healing racial wounds. It is important to recognize and rectify the injustices of the past to create a more equitable future.

Ivy Prosper

African-Canadian, Storyteller passionate about changing the narrative of Africa.