I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘John Hope Franklin 

5 Tulsa-Greenwood Race Riot Claims Accountability Act of 

6 2009’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress makes the following findings: 

3 (1) In 1921, Greenwood (a community in 

4 Tulsa, Oklahoma) was one of the most prosperous 

5 African-American communities in the United States. 

6 Serving over 8,000 residents, Greenwood’s commer7 cial district was known nationally as the ‘‘Negro 

8 Wall Street’’. The community boasted two news9 papers, over a dozen churches, and hundreds of Afri10 can-American-owned businesses. 

11 (2) On the evening of May 31, 1921, the Afri12 can-American Greenwood community of Tulsa, Okla13 homa, was ravaged by a White mob. By the conclu14 sion of the riot at midday, June 1, virtually every 

15 building in a 42-square-block area of the commu16 nity—homes, schools, churches, and businesses—was 

17 burned to the ground and thousands were left home18 less. Over 1,200 homes were destroyed. Every 

19 church, school, and business in Greenwood was set 

20 on fire. Approximately 8,000 African-Americans 

21 were left homeless and penniless. Unable to rebuild, 

22 thousands of residents spent the winter of 1921– 

23 1922 in tents. 

24 (3) Credible evidence supports the belief that 

25 up to 300 African-Americans were killed during the 


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1 riot. As many victims were buried in unmarked 

2 graves, an exact accounting is impossible. 

3 (4) In the wake of the White mob destruction 

4 of the Greenwood District, a State-convened grand 

5 jury officially placed responsibility for the violence 

6 on the African-American community, exonerating 

7 Whites of all responsibility. Neither the State nor 

8 the city undertook any investigations or prosecu9 tions, and documents relating to the riot vanished 

10 from State archives. Ultimately, no convictions were 

11 obtained for the incidents of murder, arson, or lar12 ceny connected with the riot. 

13 (5) None of the more than 100 contempora14 neously filed lawsuits by residents and property own15 ers in Greenwood were successful in recovering dam16 ages from insurance companies to assist in the re17 construction of the community. After the city at18 tempted to block their redevelopment efforts, victims 

19 were forced to rebuild with their own resources or 

20 abandon the community. 

21 (6) State and local governments suppressed or 

22 ignored issues and claims arising from the 1921 riot, 

23 effectively excising it from collective memory, until 

24 the Oklahoma Legislature created a commission to 

25 study the event in 1997. The commission’s February 


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1 28, 2001, report uncovered new information and de2 tailed, for the first time, the extent of involvement 

3 by the State and city government in prosecuting and 

4 erasing evidence of the riot (Okla. Stat. Tit. 74 Sec5 tion 8000.1 (West 2005)). 

6 (7) The documentation assembled by The 1921 

7 Tulsa Race Riot Commission provides strong evi8 dence that some local municipal and county officials 

9 failed to take actions to calm or contain the situa10 tion once violence erupted and, in some cases, be11 came participants in the subsequent violence, and 

12 even deputized and armed many Whites who were 

13 part of a mob that killed, looted, and burned down 

14 the Greenwood area. 

15 (8) Based on new information contained in the 

16 report, the Greenwood claimants filed suit, pursuant 

17 to the laws codifed in sections 1981, 1983, and 1985 

18 of title 42 of the United States Code and the 14th 

19 amendment, seeking damages for the injuries sus20 tained in the riot as a result of the government’s in21 volvement. Their claims were dismissed as time 

22 barred by the court, and so were not determined on 

23 the merits. 382 F.3d 1206 (10th Cir. 2004), rehrg 

24 en banc denied (with dissent), 391 F. 3d 1155 (10th 


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1 Cir. 2004), cert denied Alexander v. State of Okla2 homa, 544 U.S. 1044 (2005). 

3 SEC. 3. DETERMINATION ON MERITS FOR GREENWOOD 

4 CLAIMANTS. 

5 (a) IN GENERAL.—Any Greenwood claimant who has 

6 not previously obtained a determination on the merits of 

7 a Greenwood claim may, in a civil action commenced not 

8 later than 5 years after the date of the enactment of this 

9 Act, obtain that determination. 

10 (b) INTENT OF CONGRESS AS TO REMEDIAL NATURE

11 OF SECTION.—It is the intent of Congress that this sec12 tion be liberally construed so as to effectuate its remedial 

13 purpose of giving a full determination on the merits for 

14 each Greenwood claim denied that determination. 

15 (c) DEFINITIONS.—In this Act— 

16 (1) the term ‘‘Greenwood claimant’’ means an 

17 individual who filed a discrimination complaint aris18 ing from conduct connected to the May 31, 1921, 

19 race riot in Tulsa, Oklahoma; and 

20 (2) the term ‘‘Greenwood claim’’ means a com21 plaint filed in the Alexander v. State of Oklahoma 

22 litigation that was dismissed as time barred by the 

23 Federal court. 

Æ 


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