Judge orders mediation in dueling complaints following transgender rant and beer throwing incident

A New Jersey judge ordered that the four individuals involved in a viral April incident involving a rant about transgender people and beer being tossed attend community mediation.

Galloway Township Municipal Court Judge Howard Freed sent the cases to mediation on Thursday. Three people accused Michael Smurro, the principal of Neptune Middle School, of throwing beer at them during an April 24 confrontation and have filed harassment claims against him. Smurro responded with harassment claims of his own.

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Video of the incident shows Smurro’s wife, Lisa Smurro, complaining to restaurant staff that a transgender woman had been allowed to use the women’s bathroom. Under New Jersey law, restaurants are required to allow people to use the bathroom that matches their gender identity.

“There was a man pissing in the bathroom,” she can be heard saying. Patrons of the restaurant then began verbally confronting her about her behavior. At one point, Michael Smurro tossed a cup of beer, though it is difficult to ascertain at whom via the footage.

“Here you go, pal,” he said.

Debra and Robert Harris and Elaine Nelson have since filed harassment suits against Michael Smurro. In response, he filed harassment suits against them.

“This case is about standing up against bigotry, bullying, and violence,” attorney David Shanies, who represents the Harrises, said. “My clients rejected transphobic hate speech, and in response, Michael Smurro doused them in beer, challenged them to a fight, and filed false and frivolous criminal charges against them. My clients are not intimidated, and they will hold Michael Smurro fully accountable for his actions.”

If the mediation fails, the complaints could be sent back to court. A date for the mediation has yet to be set.

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Smurro apologized for what he did days after the incident.

“I allowed my emotions to get in the way of my normally sound judgement and reacted in a way that was inappropriate,” he said in an email to the Associated Press. “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.”

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