What started as an evening on the town for a group of women ended with a ride to the hospital. The tragic evening soon turned into a miraculous fight for justice, all portrayed in the documentary How To Sue The Klan. As the racial history in the United states is filled with multiple stories of violence, inequality, unprovoked hatred, and some hard-fought victories. There are also some tales that were buried over time including the one about the ‘Chattanooga Five’. That is until a young journalist in the area stumbled upon it and reignited the conversation.
One weekend In April of 1980, members of a local Klu Klux Klan chapter drove around Chattanooga with a burning cross and multiple firearms in their vehicles. Randy McLaughlin, the antagonist in the documentary and attorney shares “with the crosses there, the hope was people would come out, look… And because we’re in the south, they would then shoot them.”
At some point that evening, the men ended up near East 9th street and there they saw four African American women on the corner. They were Viola Ellison, Lela Evans, Opal Jackson, and Katherine Johnson. Seconds later, the sounds of gunfire rang through, hitting each of the women.
“Ms. Jackson recalled seeing a “ball of fire” moving toward her” says McLaughlin.
These were no ordinary bullets, they were birdshots. These kinds of ammunition are typically designed for hunting small animals. They are filled with tiny pellets that lodge into muscle tissue and over time push their way out through the skin. This causing pain and long-term suffering.
McLaughlin explains “the Klansmen’s goal wasn’t to murder their victims but to maim them permanently”.
The group of men then continued down the street -eventually spotting another black woman who was tending to her garden. They then initiated another round of violence. That woman was later identified as Fannie Mae Crumsey. Fortunately, the men missed and hit a car window. The pellets then sprayed into the structure of her home- where they can still be seen today.
After visiting the site, McLaughlin reveals “if you look at those holes, those pellet mark indentations, what you will notice is if you stand up full height, those pellets are about the same level of your head. So had she been standing, they would have killed her.”
Although the Klansmen drove off, they were immediately arrested. The shooter was charged and received nine months in jail but only served six. As for the driver and second passenger, the charges were dropped. Despite the injustice, the women refused to accept defeat.
Determined and filled with courage, the women and their legal team searched for ways to hold the Klansmen accountable. They soon discovered a law designed to combat Klan violence. This would allow them to sue the Klan. Unlike other racially motivated attacks, the victims were still alive which meant they could testify in court.
Prior to taking on the case, McLaughlin and his legal team considered the possibility of the Klansmen not having the money to pay out the damages from the lawsuit. He says he told the women “It’s likely these Klansmen don’t have any money, they’re not exactly wealthy people.”
The trial began and eventually came to a close with the women winning the case. As a result, they were awarded a settlement that would amount to over $1.5M today. Despite the court ruling in the favor of these women, they never received the full amount. However, they were able to secure an injunction that would stop further Klan violence in Chattanooga.
“They got some money. It wasn’t as much as they should have got but half a cow is better than none at all. To us, that’s a win”.
McLaughlin says. He continues, “If you just accept brutality, then you’re a victim. If you fight back, you’re a hero, or a shero.”
Though the women never received all that they were owed, the case conveyed a powerful message that black Americans would no longer accept violence and intimidation without a fight. This movement, McLaughlin says, is considered a true victory.
The courage of the Chattanooga Five set a precedent for future legal battles against hate groups and proved that justice, even when incomplete, is worth pursuing.
“Movements create power. Lawyers create laws and together we can change the face of America. And we did”
For decades, many Chattanooga residents had never heard about the incident but with this documentary, history is being revived. When asked about how a story like this, could fades into the shadows of the city walls, McLaughlin explains how we can change the narrative.
“The responsibility of remembering—and retelling—this history fell on those who lived it and those determined to ensure it was never forgotten. As Malcolm X once warned, “don’t trust the people who enslaved us to tell our stories.”
For more information on How To Sue The Klan and future screenings, visit thecivilcase.
Comments