OKLAHOMA CITY (AP) — The Oklahoma Supreme Court on Wednesday dismissed a lawsuit of the last two survivors of the 1921 Tulsa Race Massacre, dampening the hope of advocates for racial justice that the government would make amends for one of the worst single acts of violence against Black people in U.S. history.
The nine-member court upheld the decision made by a district court judge in Tulsa last year, ruling that the plaintiff’s grievances about the destruction of the Greenwood district, although legitimate, did not fall within the scope of the state’s public nuisance statute.
“Plaintiffs do not point to any physical injury to property in Greenwood rendering it uninhabitable that could be resolved by way of injunction or other civil remedy,” the court wrote in its decision. “Today we hold that relief is not possible under any set of facts that could be established consistent with plaintiff’s allegations.”
The court seems to feel that the events were bad but there are issues proving the plaintiff was directly harmed and the legal theory of nuisance here seem like a stretch.
But if they won, best case scenario they’d make out with cash damages and the vindication of having a judge saying the government was wrong.