Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Litigious Times Square Batman Is The Hero Gotham Deserves Right Now
By
Miranda Katz
Published Feb 10, 2016
Modified Feb 10, 2016
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
By
Miranda Katz
Published Feb 10, 2016
Modified Feb 10, 2016
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
A cast of costumed characters was arrested over the past few days in Times Square, and one individual is planning to sue the city for wrongful arrest—something he's done twice in the past.
Jose Escalona-Martinez, dressed in a Batman costume, was arrested at 2:17 p.m. on February 9th in Duffy Square, by Broadway and 46th Street. According to a spokesperson for the NYPD, he was soliciting passersby and asking them to take their picture with him. Police officers approached him and told him that he could not solicit there; when he refused to leave, they issued him a summons for panhandling and disorderly conduct.
But Escalona-Martinez has a different version of events. He told the Daily News that he was just walking across the square when he heard two officers yell, "Hey, Batman!" When they demanded to see his ID, he said he asked, "Who told you that I committed a crime? Why should I give you ID?"
"I was walking like a tourist...I know the rules," he told the tabloid. "Do not panhandle over there. Do not take pictures over there. [...] This is big discrimination. This is not right."
Escalona-Martinez has been arrested twice previously under similar circumstances. On June 8th, 2014, he was dressed as Spiderman and headed to the gym to work out when he was approached by a family to pose for a picture, according to court papers; when an NYPD officer observed the family offering him money, she arrested him. He was later acquitted. Then, on September 13th, 2014, he was arrested when dressed as Batman along with someone else dressed as Spiderman for getting into a fight with a heckler (according to his lawyer, the two were assaulted by a drunk individual).
In both instances, Escalona-Martinez sued for unlawful arrest—first for $2 million, and then for $2.5 million—and he told the Daily News that he intends to do so once more.
His lawyer, James Franzetti, told Gothamist that he could not confirm a third lawsuit, but is aware that his client has stated that is his intent. Franzetti said that he seriously doubts the NYPD's version of yesterday's events.
"Why would they need to handcuff him for 30 minutes?" he demanded. "Looking at their version of the story in a light most favorable to them, to the police that is—and I don't believe this story—but even in a light most favorable to them, they had no reason to handcuff him for an excess of 30 minutes and make a public spectacle of him. It was unreasonable and excessive, and a violation of his civil rights."
Escalona-Martinez's arrest came just two days after three individuals were arrested for harassing a passerby in Times Square. Marcella Mendoza, Reyna Perez-Perez, and Demetrio Xochimitl, dressed as Cookie Monster, Minnie Mouse, and Olaf from "Frozen," respectively, were charged with violation of local law and harassment on Sunday, February 7th, the NYPD said. According to a spokesperson, Mendoza took a picture with a tourist and then followed him, along with Perez-Perez and Xochimitl, asking for $20. The tourist allegedly felt intimidated and paid them $10.
Franzetti represents several individuals who dress as characters in Times Square, though not any of those involved in Sunday's incident.
"[Escalona-Martinez] works for tips only and...he does not, in working for tips only, commit any crime," he said, later adding, "These characters have almost always prevailed."
Tagged
batman
Costumed Characters
de blasios ny
nypd
Times Square
wrongful arrest
Miranda Katz
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
NYC tow companies busted for ripping off drivers must give $67K in refunds, city says
Mayor Mamdani has expanded enforcement on towing scams, but the unlicensed towing industry remains largely unregulated.
By
Liam Quigley
Published Oct 2, 2026 at 4:47 p.m. ET
Off-duty NYPD officer stabbed in the Bronx, police say
Mayor Zohran Mamdani and Commissioner Jessica Tisch visited the officer in the hospital.
By
Ryan Kost
News
Off-duty NYPD officer stabbed in the Bronx, police say
Mayor Zohran Mamdani and Commissioner Jessica Tisch visited the officer in the hospital.
By
Ryan Kost
DOC negligence factored in death at Rikers' Bellevue hospital outpost, jail officials say
By
Brittany Kriegstein
Conductor on NYC subway that dragged man to death may have skipped safety check, source says
By
Stephen Nessen
NYPD still searching for man who threw burning substance on victim in East Harlem
By
Ryan Kost
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .