In a case that may mark the first arrest under Florida’s 2023 “bathroom bill,” a 20-year-old transgender woman from Illinois was arrested and jailed last month after using the women’s restroom at the Florida State Capitol in an act of peaceful protest.
Marcy Rheintgen, a college student who describes Florida as her “home away from home,” traveled from Illinois to the state capital on March 19 to protest a law that criminalizes using public facilities not aligned with one’s assigned sex at birth. Rheintgen, who is transgender, had sent advance notice to lawmakers and law enforcement, including a photo of herself and a letter outlining her intentions to use the women’s restroom at the Capitol.
“I know that you know in your heart that this law is wrong and unjust,” she wrote in her letter to Florida officials. “I know that you know that transgender people are human too, and you can’t arrest us away.”
Rheintgen was met by Capitol police upon arrival. Officers reportedly told her they would attempt to work with her to avoid an arrest. But after she entered the women’s restroom to wash her hands, she was taken into custody and charged with trespassing—a second-degree misdemeanor punishable by up to 60 days in jail.
According to the arrest affidavit, officers initially considered issuing her a notice to appear, which would have allowed her to avoid jail. However, they later determined she did not qualify, citing concerns that she might use the restroom again after what they described as “sassy” behavior. Rheintgen was booked and held overnight in a men’s jail before being released on pretrial conditions the following day.
Her arrest is believed to be one of the first, if not the first, enforcement actions taken under Florida’s controversial 2023 law, which bans individuals from using bathrooms in schools, correctional facilities, and public buildings that do not match their sex assigned at birth. The law has drawn widespread criticism from LGBTQ+ advocates and civil rights organizations, who argue that it targets transgender individuals for simply existing in public spaces.
Rheintgen, who identifies as a moderate conservative, said she never expected her protest would result in an actual arrest.
“I got arrested and I got sent to jail because of Gov. DeSantis’ policies — like, that’s crazy. That’s crazy!” she said in an interview. “Politics always felt far away and theoretical until it slammed into my life like this.”
A Sobering Reality for Trans Americans
Now back at school in Illinois, Rheintgen faces the added stress of flying back to Florida for upcoming court proceedings. Though she says she regrets the outcome of her protest, she stands by her belief that the law is harmful and unjust.
Her experience underscores a growing concern among the transgender community nationwide: that simply using the restroom aligned with one’s gender identity could now carry criminal consequences in some states.
In the past two years, legislation targeting LGBTQ+ individuals has sharply increased across the United States. Florida’s bathroom bill was passed alongside other measures that restrict access to gender-affirming care for minors and threaten to curtail drag performances. Collectively, these laws have created a hostile legal environment for transgender people and ignited fear about basic daily activities—like using a public restroom—becoming grounds for arrest.
“This is not just about one protest or one bathroom,” said Mira Santiago, a civil rights attorney who works with trans youth and their families. “This is about the message it sends: that trans people are being told they don’t belong in public spaces, that their existence is a threat, and that they can be criminalized for simply being themselves.”
Santiago added that Rheintgen’s arrest could set a dangerous precedent. “When peaceful protest and bodily autonomy are met with handcuffs, we’ve crossed a line as a society.”
The case has already drawn attention on social media, with activists, allies, and members of the transgender community voicing support for Rheintgen and sharing stories of their own fears and experiences navigating public spaces under the shadow of anti-trans laws.
The Bottom Line
For transgender people, especially those in conservative states, Rheintgen’s story is a chilling reminder that even the most mundane actions—like washing your hands—can become political.
“This is my country too,” Rheintgen said. “And I shouldn’t have to be afraid of going to the bathroom.”
As court proceedings continue, many eyes will be on Florida—not only to see how this individual case unfolds but also to assess how far the state and the nation are willing to go in policing gender identity.
