OKMULGEE, Okla. — The fight over citizenship for Black Creeks, also known as Creek Freedman, is heading to trial in two months. In court Thursday afternoon, a judge said the Muskogee Creek Nation should hand over parts of discovery by the end of next week.
Dozens of supporters met outside of the district court Thursday afternoon.
“You can see how important this is to this community, the community of black creeks who’ve been disenfranchised going on 44 years now,” said Attorney Damario Solomon-Simmons.
Solomon-Simmons was also surrounded by supporters last year when they went to court.
Rhonda Grayson is one of the plaintiffs in the citizenship case. She says they just want what is rightfully theirs.
“We’re not going anywhere,” said Rhonda Grayson. “We’re here to fight and to reclaim our rightful place into the nation of our ancestors' birth.”
Solomon-Simmons says the Muscogee Creek Nation has systematically denied citizenship to the Creek Freedman. He says, in doing so, they’re breaking their own law specifically Article II of the Creek Treaty of 1866. It says in part they, “Shall have and enjoy all the rights and privileges of Native Citizens.
“That treaty of 1866 was our emancipation,” said Grayson. “We were no longer enslaved within the nation. We were equal citizens.”
In court Thursday, Solomon-Simmons said they haven’t been able to get the documents and information they need from the tribe to help argue their case when it goes to trial in April.
It’s the reason they filed a motion to compel, hoping the judge would require the Nation to provide that information. She gave the Muscogee Creek Nation until Febr. 17 to hand over parts of discovery.
Solomon-Simmons says they’ll get the answer to their critical question; whether Article II of the Treaty of 1866 is still good law.
“I think that’s going to be a pivotal day in this fight for justice for Black Creeks,” said Solomon-Simmons.
Muscogee Creek Nation Attorney General Geri Wisner provided this statement:
“Today’s hearing was procedural in nature, to discuss matters of discovery. The plaintiffs had previously requested a wide range of information. As a result of clarifications provided today by the plaintiffs, my office has a better understanding of the requests being made. As evidenced by the Judge’s denial of the plaintiffs’ motion for summary judgment earlier this week, we continue to believe the Muscogee (Creek) Nation Citizenship Board acted in compliance with the law. The Muscogee (Creek) Nation Constitution does not make provisions to extend citizenship to any non-Muscogee (Creek) individual.”
The trial for this case is expected to start April 4.
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