In what civil rights advocates say could be the first criminal case of its kind, a transgender college student was arrested at the Florida State Capitol last month after entering a women’s restroom — an act she described as intentional defiance of the state’s restrictive new laws.
Marcy Rheintgen , 20, declared “I am here to break the law” before entering the restroom on March 19 in Tallahassee. Capitol police, who had reportedly been notified ahead of time, were waiting. Officers initially warned her that she would be issued a trespass citation, but when she declined to leave after washing her hands and praying the rosary, she was taken into custody.
The Illinois native now faces a misdemeanor trespass charge, which carries a potential sentence of up to 60 days in jail. Her court appearance is scheduled for May.
“I wanted people to see the absurdity of this law in practice,” Rheintgen said. “If I’m a criminal, it’s going to be so hard for me to live a normal life, all because I washed my hands. Like, that’s so insane.”
Her arrest has prompted significant attention from legal groups and civil rights organizations, many of whom believe this could be a landmark test of criminal bathroom restrictions that have passed in Republican-led states across the country. While more than a dozen states have enacted such laws, only Florida and Utah have provisions that make violations a criminal offense.
According to Jon Davidson, senior staff attorney at the American Civil Liberties Union, Rheintgen’s case is the first arrest they’re aware of under any of these criminal statutes.
Rheintgen’s visit to the Capitol was driven by a personal protest. She was visiting family in the area when she decided to write and deliver a letter to all 160 members of Florida’s legislature. In the letter, she informed lawmakers of her intention to use a restroom inconsistent with the sex assigned to her at birth — a deliberate act of civil disobedience.
“I know that you know in your heart that this law is wrong and unjust,” she wrote. “I know that you know in your heart that transgender people are human too, and that you can’t arrest us away. I know that you know that I have dignity. That’s why I know that you won’t arrest me.”
Transgender advocates say these laws — now on the books in states like Alabama, Kentucky, Kansas, and North Dakota — are legally murky and largely unenforceable. Most rely on citizen complaints rather than state action. In Utah, activists have overwhelmed the state’s official reporting system with false reports to protect transgender individuals from investigation.
The arrest has heightened concerns about the practical enforcement of such legislation, particularly with regard to the potential consequences for trans individuals. Rheintgen, for example, fears that if convicted, she could be incarcerated with male inmates, be forced to cut her long hair, and temporarily lose access to hormone treatment.
“People are telling me it’s a legal test, like this is the first case that’s being brought,” she said. “It’s how they test the law. But I didn’t do this to test the law. I did it because I was upset. I can’t have any expectations for what’s going to happen because this has never been prosecuted before. I’m horrified and scared.”
LGBTQ+ organizations have strongly condemned the arrest, with Nadine Smith, executive director of Equality Florida, calling it “about cruelty, humiliation and the deliberate erosion of human dignity.”
“The arrest of Marcy Rheintgen is not about safety,” Smith added. “Transgender people have been using restrooms aligned with their gender for generations without incident. What’s changed is not their presence — it’s a wave of laws designed to intimidate them out of public life.”
Despite requests for comment, Republican lawmakers behind the Florida legislation — Representative Rachel Plakon and Senator Erin Grall — have not publicly responded to inquiries. In earlier statements, they’ve argued the law is necessary to safeguard women and girls in single-sex spaces.
As legal experts watch the case unfold, it may soon shape the national conversation around how far such laws can go — and at what cost.
Marcy Rheintgen , 20, declared “I am here to break the law” before entering the restroom on March 19 in Tallahassee. Capitol police, who had reportedly been notified ahead of time, were waiting. Officers initially warned her that she would be issued a trespass citation, but when she declined to leave after washing her hands and praying the rosary, she was taken into custody.
The Illinois native now faces a misdemeanor trespass charge, which carries a potential sentence of up to 60 days in jail. Her court appearance is scheduled for May.
“I wanted people to see the absurdity of this law in practice,” Rheintgen said. “If I’m a criminal, it’s going to be so hard for me to live a normal life, all because I washed my hands. Like, that’s so insane.”
Her arrest has prompted significant attention from legal groups and civil rights organizations, many of whom believe this could be a landmark test of criminal bathroom restrictions that have passed in Republican-led states across the country. While more than a dozen states have enacted such laws, only Florida and Utah have provisions that make violations a criminal offense.
According to Jon Davidson, senior staff attorney at the American Civil Liberties Union, Rheintgen’s case is the first arrest they’re aware of under any of these criminal statutes.
Rheintgen’s visit to the Capitol was driven by a personal protest. She was visiting family in the area when she decided to write and deliver a letter to all 160 members of Florida’s legislature. In the letter, she informed lawmakers of her intention to use a restroom inconsistent with the sex assigned to her at birth — a deliberate act of civil disobedience.
“I know that you know in your heart that this law is wrong and unjust,” she wrote. “I know that you know in your heart that transgender people are human too, and that you can’t arrest us away. I know that you know that I have dignity. That’s why I know that you won’t arrest me.”
Transgender advocates say these laws — now on the books in states like Alabama, Kentucky, Kansas, and North Dakota — are legally murky and largely unenforceable. Most rely on citizen complaints rather than state action. In Utah, activists have overwhelmed the state’s official reporting system with false reports to protect transgender individuals from investigation.
The arrest has heightened concerns about the practical enforcement of such legislation, particularly with regard to the potential consequences for trans individuals. Rheintgen, for example, fears that if convicted, she could be incarcerated with male inmates, be forced to cut her long hair, and temporarily lose access to hormone treatment.
“People are telling me it’s a legal test, like this is the first case that’s being brought,” she said. “It’s how they test the law. But I didn’t do this to test the law. I did it because I was upset. I can’t have any expectations for what’s going to happen because this has never been prosecuted before. I’m horrified and scared.”
LGBTQ+ organizations have strongly condemned the arrest, with Nadine Smith, executive director of Equality Florida, calling it “about cruelty, humiliation and the deliberate erosion of human dignity.”
“The arrest of Marcy Rheintgen is not about safety,” Smith added. “Transgender people have been using restrooms aligned with their gender for generations without incident. What’s changed is not their presence — it’s a wave of laws designed to intimidate them out of public life.”
Despite requests for comment, Republican lawmakers behind the Florida legislation — Representative Rachel Plakon and Senator Erin Grall — have not publicly responded to inquiries. In earlier statements, they’ve argued the law is necessary to safeguard women and girls in single-sex spaces.
As legal experts watch the case unfold, it may soon shape the national conversation around how far such laws can go — and at what cost.
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