[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1843 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1843
To provide a mechanism for a determination on the merits of the claims
brought by survivors and descendants of the victims of the Tulsa,
Oklahoma, Race Riot of 1921 but who were denied that determination.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2009
Mr. Conyers (for himself, Mr. Nadler of New York, Mr. Scott of
Virginia, Ms. Waters, Mr. Cleaver, Ms. Lee of California, Mr. Grijalva,
and Ms. Jackson-Lee of Texas) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide a mechanism for a determination on the merits of the claims
brought by survivors and descendants of the victims of the Tulsa,
Oklahoma, Race Riot of 1921 but who were denied that determination.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John Hope Franklin Tulsa-Greenwood
Race Riot Claims Accountability Act of 2009''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) In 1921, Greenwood (a community in Tulsa, Oklahoma) was
one of the most prosperous African-American communities in the
United States. Serving over 8,000 residents, Greenwood's
commercial district was known nationally as the ``Negro Wall
Street''. The community boasted two newspapers, over a dozen
churches, and hundreds of African-American-owned businesses.
(2) On the evening of May 31, 1921, the African-American
Greenwood community of Tulsa, Oklahoma, was ravaged by a White
mob. By the conclusion of the riot at midday, June 1, virtually
every building in a 42-square-block area of the community--
homes, schools, churches, and businesses--was burned to the
ground and thousands were left homeless. Over 1,200 homes were
destroyed. Every church, school, and business in Greenwood was
set on fire. Approximately 8,000 African-Americans were left
homeless and penniless. Unable to rebuild, thousands of
residents spent the winter of 1921-1922 in tents.
(3) Credible evidence supports the belief that up to 300
African-Americans were killed during the riot. As many victims
were buried in unmarked graves, an exact accounting is
impossible.
(4) In the wake of the White mob destruction of the
Greenwood District, a State-convened grand jury officially
placed responsibility for the violence on the African-American
community, exonerating Whites of all responsibility. Neither
the State nor the city undertook any investigations or
prosecutions, and documents relating to the riot vanished from
State archives. Ultimately, no convictions were obtained for
the incidents of murder, arson, or larceny connected with the
riot.
(5) None of the more than 100 contemporaneously filed
lawsuits by residents and property owners in Greenwood were
successful in recovering damages from insurance companies to
assist in the reconstruction of the community. After the city
attempted to block their redevelopment efforts, victims were
forced to rebuild with their own resources or abandon the
community.
(6) State and local governments suppressed or ignored
issues and claims arising from the 1921 riot, effectively
excising it from collective memory, until the Oklahoma
Legislature created a commission to study the event in 1997.
The commission's February 28, 2001, report uncovered new
information and detailed, for the first time, the extent of
involvement by the State and city government in prosecuting and
erasing evidence of the riot (Okla. Stat. Tit. 74 Section
8000.1 (West 2005)).
(7) The documentation assembled by The 1921 Tulsa Race Riot
Commission provides strong evidence that some local municipal
and county officials failed to take actions to calm or contain
the situation once violence erupted and, in some cases, became
participants in the subsequent violence, and even deputized and
armed many Whites who were part of a mob that killed, looted,
and burned down the Greenwood area.
(8) Based on new information contained in the report, the
Greenwood claimants filed suit, pursuant to the laws codifed in
sections 1981, 1983, and 1985 of title 42 of the United States
Code and the 14th amendment, seeking damages for the injuries
sustained in the riot as a result of the government's
involvement. Their claims were dismissed as time barred by the
court, and so were not determined on the merits. 382 F.3d 1206
(10th Cir. 2004), rehrg en banc denied (with dissent), 391 F.
3d 1155 (10th Cir. 2004), cert denied Alexander v. State of
Oklahoma, 544 U.S. 1044 (2005).
SEC. 3. DETERMINATION ON MERITS FOR GREENWOOD CLAIMANTS.
(a) In General.--Any Greenwood claimant who has not previously
obtained a determination on the merits of a Greenwood claim may, in a
civil action commenced not later than 5 years after the date of the
enactment of this Act, obtain that determination.
(b) Intent of Congress as to Remedial Nature of Section.--It is the
intent of Congress that this section be liberally construed so as to
effectuate its remedial purpose of giving a full determination on the
merits for each Greenwood claim denied that determination.
(c) Definitions.--In this Act--
(1) the term ``Greenwood claimant'' means an individual who
filed a discrimination complaint arising from conduct connected
to the May 31, 1921, race riot in Tulsa, Oklahoma; and
(2) the term ``Greenwood claim'' means a complaint filed in
the Alexander v. State of Oklahoma litigation that was
dismissed as time barred by the Federal court.
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