In lawsuit, activist says Surfside retaliated against him. Mayor is on his side
Joshua Epstein was 18 when he was arrested after protesting against Surfside officials in 2024 for their policies and views on homelessness and the redevelopment of the Champlain Towers South collapse site. Now, he is suing those same officials because he says they retaliated against him and violated his First Amendment rights.
“This case is about the most fundamental constitutional protection we have as Americans: our right to criticize the government without retaliation,” said Courtney Caprio, lead counsel for Epstein, in a statement. “Public officials cannot abuse their power to punish their critics. That’s not just unconstitutional. It’s un-American.”
On Thursday, Epstein, represented by Caldera Law PLLC, filed the federal suit in the U.S. District Court for the Southern District of Florida against: Surfside; former Mayor Shlomo Danzinger; former Vice Mayor Jeffrey Rose; former Town Manager Hector Gomez; and former Police Chief Antonio Marciante.
Epstein alleges he has suffered “reputational harm” and “emotional distress” in the aftermath of his March 1, 2024, arrest. He is asking the court to grant him monetary relief, however, how much was not said.
Danzinger provided a statement to the Miami Herald which read, “It is common for elected officials to be named in lawsuits involving the municipalities they serve. I have been named in routine matters before, ranging development disputes to slip and fall claims. This lawsuit, however, was filed by a vocal political opponent two years after the alleged incident and only weeks before a local election in which I am a candidate. The timing speaks for itself, and voters will see this for what it is.”
Rose and Gomez did not immediately respond to requests for comments. Efforts to reach Marciante failed.
READ MORE: ‘Really disturbing’: Arrest of young activist brings turmoil to Surfside before election
Because the town’s government is named in the suit, current Mayor Charles Burkett told the Miami Herald, “We are going to review it and address it in a fair and responsive manner.”
Burkett condemned the previous administration for arresting Epstein.
“[Danzinger] arrested a kid for expressing his political views,” Burkett said. “We have to suffer the penalties for their bad acts, all the residents do, and that is disgraceful.”
During a candidate debate on Feb. 28, 2024, Epstein and Rose got into a heated altercation. Epstein video-recorded the incident and posted it online. Yelling was exchanged, and Rose aggressively approached him, according to a witness and Epstein, prompting the then-18-year-old to allegedly push Rose.
Epstein filed a complaint with Surfside police and Rose, in turn, filed a battery complaint. Epstein was arrested a few days later, which his legal team claims was a “broader effort to punish him for publicly criticizing elected officials.”
The Miami-Dade State Attorney’s Office dropped the felony battery charge against Epstein a month later, citing a lack of evidence and conflicting witness statements.
Epstein’s lawsuit alleges that the officials involved in his arrest created a “climate of intimidation, designed to discourage public engagement and suppress dissent.” In the months leading up to his arrest and the 2024 Surfside municipal election, he was a vocal opponent of Rose’s and Danzinger’s politics.
“When we exercise our First Amendment rights, we shouldn’t fear we will be silenced, punished, detained, or arrested,” Caprio, Epstein’s lawyer, said. “This lawsuit seeks to protect the First Amendment and Americans’ right to freedom of speech.”
This story was originally published January 31, 2026 at 6:07 PM.
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