Federal Judge Recommends Severe Sanctions Against Mr. Shmuley Boteach In Hotel Defamation Case

 

A federal magistrate judge has recommended severe sanctions against  Shmuley Boteach, including striking his answer and counterclaim and entering default judgment against him, over repeated violations of court orders in a defamation case brought by a Florida hotel.

The suit stems from a December 2024 incident in the lobby of the Fontainebleau Miami Beach, where Boteach says he was the victim of an antisemitic verbal attack that the hotel failed to properly address. 

The hotel sued Boteach for defamation, alleging he falsely claimed it discriminated against him for being Jewish, permitted the antisemitic incident to occur, removed him rather than the alleged aggressor, and refused to cooperate with police. Boteach countersued, alleging civil rights violations and tortious interference.

According to the magistrate's report, the sanctions dispute centers not on the underlying merits but on Boteach's conduct during litigation. Boteach posted surveillance footage of the incident to his Instagram, which has over 90,000 followers, on multiple occasions after a protective order barred such disclosure — including once after being told to remove it, and again months later despite an explicit warning that further violations would be treated with "the utmost seriousness." He was previously ordered to pay $15,000 in fees over one such violation.

Separately, the district court had directed Boteach in February to stop social media attacks referencing the hotel and its counsel, after finding communications had grown "toxic" and expressing being "deeply disturbed" by his conduct, including an attempt to serve legal papers at an address belonging to a child of the hotel's owner. 

The magistrate found Boteach continued posting about the case and opposing counsel afterward regardless, including a May post alleging a family member was threatened in Jerusalem by someone invoking the hotel's attorney, and another questioning whether that attorney appeared in files connected to Jeffrey Epstein.

The magistrate noted Boteach admitted under oath that his posts were meant to pressure the hotel and its counsel to reconsider their litigation strategy, and concluded that lesser sanctions had already failed to produce compliance. The recommendation also includes an award to the hotel of attorney's fees tied to the sanctions motion. The recommendation now goes to the district judge for final decision.