Referee at center of Buena high school wrestler haircut controversy loses in court

A referee at the center of a controversy over a high school wrestler’s haircut has lost another round in a court fight.

Alan Maloney contends school officials at Buena Regional High School were responsible for an incident at a wrestling match that exposed the referee to death threats and other criticisms.

But a trial judge in Atlantic County rejected Maloney’s arguments in two rulings — and an appeal court ruled against the referee's suit on Tuesday.

Furor over wrestler's haircut

In the December 2018 incident, Mahoney told a 16-year-old Buena High wrestler he could not compete without a required head covering for his dreadlocks.

How wrestler's parents reactedBuena wrestler's parents, attorney address national controversy over dreadlocks incident

The teen then had his hair cut on the mat to avoid forfeiting at an important match and was allowed to wrestle.

A viral video of the haircut, tweeted out by a reporter at the match, was “manipulated and misconstrued as a national race issue,” says Maloney’s lawsuit. It contends the Berlin Borough man was made “a villain or scapegoat” for the actions of others.

Referee blames Buena High officials

Maloney sued for unspecified damages from George Maxwell, Buena’s wrestling coach; David Albertson, the school’s athletic director; and the Buena Regional School District Board of Education.

His suit contends Maxwell and Albertson were obligated to ensure the teen, Andrew Johnson, “was properly equipped to wrestle.”

“Their failure to adhere to that duty brought about foreseeable consequences and damages to (Maloney),” the suit contends.

It also says the wrestler, Andrew Johnson, “spontaneously” volunteered to have his hair cut by his team's trainer, and was not ordered to do so by Maloney. The haircut occurred while Maloney ran the 90-second injury clock.

Court defeats

The suit suffered its first setback in May 2021 when Superior Court Judge John Porto dismissed it, but said Maloney could file a revised complaint.

Porto dealt another loss in July 2021, denying Maloney’s motion to file an amended complaint.

In the appellate ruling, a two-judge panel upheld the 2021 decision and said Maloney’s revised complaint had no new facts “which established defendants owed Maloney a duty of care.”

It said the referee “had the ultimate authority to prevent (Johnson) from competing if he determined (the teen’s) head gear was non-compliant. And, correctly or incorrectly, he chose to exercise that power.“

The ruling also said Maloney had not shown the Buena defendants “were the proximate cause of his foreseeable injury — public humiliation. "

Similarly, nothing indicated the defendants had any role in Johnson’s decision to get the haircut or in a reporter’s decision to tweet the video, the decision said.

An investigation by the state Division on Civil Rights resulted in a September 2019 agreement with the New Jersey State Interscholastic Athletic Association (NJSIAA), that included Maloney’s suspension for two wrestling seasons.

The agreement also required implicit bias training for officials and staff involved in high school athletics across the state.

In announcing the agreement, the DCR noted the regulation cited by Maloney “governs the length of an athlete’s hair and when an athlete must wear a hair cover.”

“However,” it continued, “that rule had previously been interpreted by various New Jersey wrestling officials to require a hair covering for several traditionally Black hairstyles regardless of hair length."

The state Education Commissioner upheld disciplinary action against Maloney, finding he had placed Johnson in the “untenable position of choosing between forfeiting an important match and having his hair cut in front of his teammates, opponents, coaches, and spectators."

Maloney’s suit initially named the NJSIAA and several of its officials as defendants. Those claims were later dismissed by the parties.

Jim Walsh is a senior reporter with the Courier-Post, Burlington County Times and The Daily Journal.

This article originally appeared on Cherry Hill Courier-Post: Buena NJ high school wrestler haircut: Referee loses in court