Toms River Eatery Apologizes, Says Racist Voicemail Was Hacker

TOMS RIVER, NJ — The owner of Rivoli's, under siege over the resurfacing of a 2014 sign mocking Eric Garner's chokehold death, said an angry outgoing message that declared "I'm a racist bastard" on his restaurant's voicemail on Friday was due to a hacker.

Tony Rivoli, who is facing a backlash over the 2014 "I can breathe. I obey law" sign now that's resurfaced in the wake of the death of George Floyd in Minnesota, said the outgoing message at Riv's Toms River Hub was not him.

"I've got the police here now, I was hacked," he said Friday afternoon, when reached at the restaurant. The full message said: "Hey, you've reached Rivoli's in Toms River. I'm sorry I'm a racist bastard, uh, don't shop at my shop anymore. Thanks."

"We can confirm the owner of Riv's Toms River Hub contacted us to report the voicemail for his restaurant had been hacked and he was unable to gain access the account," said Jillian Messina, media specialist for the Toms River Police Department. The incident is under investigation, she said.

The 2014 sign mocked Garner's last words before his death during an arrest due to a police officer's chokehold. Floyd, 46, died Monday in Minneapolis, Minnesota, after being arrested; a video that has been seen countless times shows a police officer kneeling on Floyd's neck, and Floyd saying he could not breathe.

"We apologize for our projection at our old restaurant," Rivoli wrote Thursday on the Riv's Toms River Hub Facebook page. "What was done to George Floyd on Monday is a disgrace and there is NO way we support that. The post that is circulating right now is from over 6 years and if I could go back in time I wouldn’t posted that on my signage. Again, we apologize."

More than 800 comments have been posted on Rivoli's apology, most of them calling the apology "too late" and insincere.

The 2014 death of Garner, who was 43, sparked outrage over the actions of Daniel Pantaleo, the New York Police Department officer who put him in a chokehold. Pantaleo, who was fired in July 2019, was never prosecuted in the death, which angered Garner's family and many in the community.

The photo of the Rivoli's sign originally was shared in 2016 by John Poveromo, a comedian from Toms River. Poveromo on Wednesday resurfaced his 2016 post criticizing the restaurant's sign, saying, "We’re all trying to do our best to help small businesses during this time but let’s make sure we’re helping the ones that deserve it."

The restaurant closed at the Fischer Boulevard location in 2016, and reopened in 2019 on Hooper Avenue. It also has a location in Howell.

Copies of the photo have circulated widely, leading to a mix of comments on Rivoli's apology, most of them criticizing the apology.

"You mocked a dying mans final words, and didn’t see fit to apologize until 6 years later?" one man wrote on the restaurant's post. "Everyone makes mistakes, yours wasn’t a mistake. It was an indictment on your character."

"The apology is late," a woman wrote. "Before I formed an opinion , because I was a regular at Riv’s, I searched the validity of this. In doing so I found a video from when it happened and that was pushed me to no longer support the business. There was not one ounce of remorse from you in that interview, it was almost a joke. Eric Garner nor George Floyd deserved to die in such senseless acts. To make a mockery of them is tasteless. There is a difference between supporting law enforcement and racist ignorance..."

Others were willing to accept the apology and forgive the owners.

"We’ve all made mistakes in the past and for most of us we were lucky there wasn’t social media," one woman wrote. "My family and I love Rivs and order often from there. Can’t wait till it reopens to get back!!"

" People can change. Good to read this," a man wrote. "I'm going to post your apology wherever I see the old photo circulated."

Floyd's death sparked outrage and protest in the Twin Cities area and across the country. Demonstrations in Minneapolis turned ugly Wednesday as building were broken into, looted and burned. Demonstrations have led to the burning down of a police precinct in the city.

On Thursday, Minnesota Gov. Tim Walz activated the National Guard to deal with the violence and law enforcement officials urged the public to be patient as they conducted their investigations into the conduct of the officers involved in the arrest, all four of whom have been fired from the police force.

Derek Chauvin, the officer seen kneeling on Floyd's neck, was arrested Friday and charged with third-degree murder and manslaughter. Read more: George Floyd Death: Former Cop Derek Chauvin Arrested

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