Attorneys for the two remaining survivors of the 1921 Tulsa Race Massacre said Thursday they will petition the Oklahoma Supreme Court for a rehearing in the case seeking reparations for one of the worst single acts of violence against Black people in U.S. history.
In an 8-1 decision on Wednesday, the state's highest court upheld a decision made by a district court judge in Tulsa last year to dismiss the case. Although the court wrote that the plaintiff's grievances about the destruction of the Greenwood district, also known as ''Black Wall Street,'' were legitimate, they did not fall within the scope of the state's public nuisance statute.
Here are some things to know about the lawsuit that seeks reparations for the 1921 Tulsa Race Massacre.
What happens next?
Attorneys for Viola Fletcher, 110, and Lessie Benningfield Randle, 109, said they intend to file a petition for rehearing with the court, essentially asking the court to consider the case again because they believe it erred in its decision.
''The destruction of forty-square blocks of property on the night of May 31, 1921, through murder and arson clearly meets the definition of a public nuisance under Oklahoma law,'' the attorneys said in a statement. ''Faithful application of the law compels the conclusion that Mother Randle and Mother Fletcher have stated a claim for relief. They are entitled to a trial.''
If the plaintiffs were to die, attorney Damario Solomon-Simmons said he believes Oklahoma law would allow the case to continue with the plaintiffs' estates. If the Supreme Court denies the petition, the case is effectively over, although Solomon-Simmons said they are ''continuing to explore new legal avenues that will hold defendants accountable.''
In addition to the petition for rehearing, the attorneys called on the U.S. Department of Justice to open an investigation into the massacre under the Emmett Till Unsolved Civil Rights Crime Act of 2007. That law, named for Black teenager from Chicago who was abducted and lynched in Mississippi in 1955 for allegedly whistling at a white woman, allows for the reopening of cold cases of violent crimes against Black people committed before 1970.