NJ Man In Transphobic Rant, Beer Toss Case Suing For Defamation

Freehold NJ

13 July, 2021

7:44 PM

Description

FREEHOLD, NJ - A Neptune Middle School vice principal who was filmed tossing beer at bystanders during his wife's transphobic rant earlier this year is suing the onlookers for defamation. Michael Smurro, who has been on leave without pay since the April 2021 incident at a Galloway Township restaurant, claims he never said a word about trans issues. The lawsuit comes as an apparent countersuit after bystanders Carolyn DiPietro, Christopher Benino, and Robert and Debra Harris initially sued the vice principal for assault and battery. 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." In the countersuit, the Smurros denied all allegations. The suit filed by DiPietro, Benino and the Harrises, however, claims that the vice principal not only caused a harmful or offensive touching to each individual, but purposefully intended to violate and inflict mental and emotional distress as well as transmit COVID-19, a deadly disease. "Beer mixed with Michael Smurro's saliva made contact with all four Plaintiffs' bodies, their food, and their personal property, an outrageous violation of Plaintiffs' rights," the bystanders' lawsuit reads. But Smurro's lawyer told the Associated Press that the suit against his client is baseless as the plaintiffs never suffered any harm as a result of the administrator's actions. "Michael is being sued because his wife made comments that offended the sensibilities of the plaintiffs," Schachtel told the publication. "Michael and Lisa Smurro have the right to their opinions and the right to voice them in public, even if some may find them disagreeable. No one should have their livelihood threatened for expressing an opinion. When this story went viral, Michael and Lisa Smurro were viciously attacked and defamed on social media. There was much outrage and little search for the truth. We hope to set the story straight." Smurro's counterclaim, dated July 6, tells a different story, alleging that Lisa Smurro was concerned after she believed she had witnessed a man using the women's bathroom. "There was no indication that this person was transgendered," the suit reads. "[She] was upset by her observation of a biological male making use of the ladies' restroom while she was also present therein." The countersuit also claims that the bystanders directed friends and family to call the Neptune School District and demand Smurro's termination. Roughly 80 voicemail messages were left in a period of three days, with many of the messages containing "actual or implicit threats to obstruct or create issues for the School and its staff if imminent disciplinary action was not taken against Smurro," the suit reads. Smurro is seeking compensatory, economic and consequential damages, as well as other fees. He is also seeking a trial by jury.