TALLAHASSEE — Arrest Highlights Controversial Bathroom Legislation

In a significant move that may set a precedent under the bathroom legislation enacted in 2023, Florida authorities apprehended a transgender woman earlier this month for using a women’s restroom at the Capitol.

Marcy Rheintgen, a 20-year-old resident of Illinois, was taken into custody by Capitol police on March 19, facing a trespassing charge after she informed state officials of her intention to use the facility as a form of protest against the law.

This recent legislation criminalizes restroom usage in correctional facilities, schools, and public buildings for individuals whose gender identity does not align with their sex assigned at birth.

Rheintgen, who regards Florida as a “home away from home,” expressed her discomfort with the prospect of being targeted for using a women’s restroom.

Prior to her visit, she sent letters to Florida lawmakers notifying them of her plan to use a designated women’s restroom in the Capitol, even attaching a photo of herself for identification purposes.

In her letter, Rheintgen urged the lawmakers by stating, “I know that you know in your heart that this law is wrong and unjust. I know that you understand that transgender individuals are human, and you cannot simply arrest us away.” She added, “I know that you recognize my dignity, which is why I trust you won’t arrest me.”

On the day of her intended restroom visit, Rheintgen encountered two officers who expressed a willingness to cooperate with her. Nevertheless, she chose to proceed with her decision to use the restroom.

Inside the restroom, officers informed Rheintgen that they would provide her with a notice to appear before a judge, aiming to avoid detention. Ultimately, she was arrested instead.

The arrest affidavit indicated that officers believed Rheintgen did not qualify for a notice to appear. Rheintgen admitted to being somewhat “sassy” during their conversation and hinted that she might use the women’s restroom again.

This trespassing charge is categorized as a second-degree misdemeanor, which can lead to a potential sentence of up to 60 days in jail.

Currently, it remains uncertain whether others have faced arrests under the 2023 legislation. This bill has surfaced alongside additional measures viewed as anti-LGBTQ, including a prohibition on medical treatments for minors with gender dysphoria and regulations targeting drag performances.

Equality Florida, an LGBTQ+ advocacy organization, criticized Rheintgen’s arrest, suggesting it serves as a vehicle for intimidation. Nadine Smith, the executive director, stated, “The arrest of Marcy Rheintgen is not about safety; it’s about cruelty, humiliation, and an intentional degradation of human dignity.”

Rheintgen, who identifies as a moderate conservative, was released on pretrial conditions approximately 24 hours post-arrest. Reflecting on her experience, she expressed regret and shock, stating that she never anticipated being jailed. Now back at her studies, she faces the challenge of arranging a return trip to Florida for upcoming court proceedings.

“Everything related to politics can feel abstract and philosophical from a distance,” Rheintgen remarked. “This is the first time I’ve felt its impact directly. The reality that I was arrested and jailed due to Gov. (Ron) DeSantis’ policies — it’s just incredible!”