At a Glance
- Marcy Rheintgen became the first known arrest under Florida’s Safety in Private Spaces Act
- She was charged with misdemeanor trespassing, not directly under the new bathroom law
- Her protest was preplanned, with 160 letters sent to authorities and a photo ID attached
- If convicted, she faces up to 60 days in jail and a $500 fine
- The arrest has ignited national debate over transgender rights and discriminatory enforcement
A transgender college student was arrested at the Florida Capitol after intentionally using the women’s restroom in protest of the state’s new bathroom law—becoming the first known case under this legislation.
Marcy Rheintgen, 20, was charged with misdemeanor trespassing after she refused to leave the women’s restroom despite being warned by law enforcement. Her protest was planned in advance: she sent 160 letters to officials informing them of her intent to challenge the recently passed Safety in Private Spaces Act, which mandates that people use government building restrooms aligned with their sex assigned at birth.
Arrest Was Deliberate and Documented
Rheintgen told officers, “I am here to break the law,” just before entering the restroom. Her presence inside lasted “probably 30 seconds to a minute,” she later said. Officers waited outside, and once she exited, she was handcuffed and taken into custody. Despite being the first arrest linked to the new law, authorities charged her with trespassing, possibly to sidestep an immediate constitutional challenge.
Watch The Advocate’s breakdown of the arrest and legal fallout.
She had also included a photograph in her letters to authorities to make her identity unmistakable. Her intent, she said, was to force Florida lawmakers and law enforcement to confront the practical and ethical implications of the new law firsthand. “I wanted people to see the absurdity,” she told reporters.
Civil Rights Backlash
The arrest has been widely condemned by civil rights organizations. Equality Florida’s executive director Nadine Smith called the act “a cruel assault on dignity,” while Jon Davidson, senior counsel at the ACLU, warned the law could lead to “dangerous, discriminatory enforcement.”
The Safety in Private Spaces Act, signed by Governor Ron DeSantis in 2023, has faced legal scrutiny for its vague definitions and for potentially violating the rights of transgender and nonbinary people. It applies to government buildings including schools, universities, and public offices.
What Happens Next
Rheintgen’s protest was designed to provoke legal and moral reckoning. She submitted her identification and intentions well in advance, stating in her letters: “I know that you know in your heart that this law is wrong and unjust.” Her actions, she said, aimed to make people “see the absurdity” of criminalizing a brief restroom visit.
Her case now moves to court, where she faces up to 60 days in jail and a $500 fine. In the meantime, her arrest has become a flashpoint in the national debate over transgender rights, the role of protest, and the limits of state authority.
