Mediation Ordered In NJ Vice Principal’s Rant, Beer Toss Case: AP

FREEHOLD, NJ - A judge has deferred the case of Michael Smurro, a Monmouth County resident and middle school vice principal who threw beer at onlookers who videotaped his wife’s transphobic rant at a South Jersey restaurant last month, to be mediated between parties outside of the courthouse, according to a report from the Associated Press.

On Thursday, a Galloway Township municipal court judge sent the case to community mediation, the publication reported. The process entails controlled conflict resolution in a safe environment through the help of trained mediators and is typically used to mediate minor criminal conflict and neighbor disputes. Experts say it’s an alternative to prolonged litigation or violence.

Smurro is also accusing the onlookers of harassment against himself and his wife.

The Neptune Township Middle School vice principal was caught on camera tossing beer at a table of restaurant patrons who filmed his wife complaining about a trans woman using the women's bathroom at Fred & Ethel's Lantern Light and Tavern in Galloway Township on April 24.

A Facebook video captured by patrons shows Smurro's wife, Lisa, continuing to complain to a hostess, who then leaves to get the manager. Smurro can be seen in the background, tossing beer on the patrons filming and saying, "Here you go pal, there you go," while Lisa repeats "she's a man."

The Associated Press reported that Smurro has filed harassment complaints against Debra and Robert Harris, and Elaine Nelson, all who reportedly also filed harassment charges against the school administrator.

Neither Smurro, his wife, nor the parties that filed harassment claims spoke during the online hearing, per the AP.

If community mediation fails, the case against the Freehold resident and school administrator could wind up back in court.

A prior complaint filed by Carolyn DiPietro and Christopher Benino, who claimed they were hit with the beer that Smurro tossed, was rejected after Municipal Court Judge Howard Freed determined there was no probable cause.

A petition to oust Smurro from the Neptune Township School District — addressed to the Neptune Township Board of Education and the New Jersey Department of Education — has surfaced online, garnering over 9,100 signatures as of publication.

"A violent, transphobic and hateful physical aggressor does not belong anywhere near NJ children. We demand that he be removed from his position IMMEDIATELY, without pay, until a full investigation of this situation is complete," the petition reads.

In an email to the Associated Press, Smurro apologized for his behavior and apologized to the person he reportedly threw beer at.

"I allowed my emotions to get in the way of my normally sound judgment and reacted in a way that was inappropriate. I do not condone violence or discrimination of any kind and should have simply walked away. I apologize to the person I threw my beer at and wish I hadn't done so. I apologize to anyone I offended."

The Neptune Township School District told the AP it has taken “swift and serious” action in the case pertaining to Smurro, but has not yet revealed the details of the action.

"This event is troubling as its perception potentially threatens the social-emotional well-being and climate of belonging that our Neptune School District community represents," the district commented last month. "The actions shown in the video do not reflect our district's commitment to inclusivity, cooperation, respect, and non-violence.

"The Board of Education and Superintendent will respond to this incident in a manner that is appropriate and relative to the seriousness of the situation and that takes into consideration the impact this incident has had on the reputation of our wonderful district."