H.R. 98 — Introduced in House

I 113th CONGRESS 1st Session H. R. 98 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Conyers introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide a remedy for survivors and descendants of the victims of the Tulsa, Oklahoma Race Riot of 1921. 1. Short title This Act may be cited as the John Hope Franklin Tulsa-Greenwood Race Riot Claims Accountability Act of 2013. 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 codified 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)). 3. Cause of action (a) In general Every person who, in connection with the Tulsa, Oklahoma race riot of 1921 and its aftermath, acted under color of any statute, ordinance, regulation, custom, or usage of the State of Oklahoma to subject, or cause to be subjected, any person to the deprivation, on account of race, of any right secured at the time of the deprivation by Oklahoma law, shall be liable to the party injured in a civil action for redress. (b) Definition In this section, the term person includes the State of Oklahoma. (c) Limitation on commencement of action A civil action under this section may not be commenced later than 5 years after the date of the enactment of this Act.