Controversial Arrest of Student Sparks Debate Over Florida’s Private Spaces Act

Genderneutral restroom sign with whichever text

A transgender college student faces criminal charges after deliberately challenging Florida’s controversial bathroom law, raising questions about enforcement priorities and civil liberties.

Key Takeaways

Marcy Rheintgen, 20, was arrested for trespassing after using a women’s restroom at the Florida State Capitol in a planned protest against the state’s “Safety in Private Spaces Act.”
Authorities charged Rheintgen with trespassing rather than directly applying the bathroom law, potentially avoiding a direct legal challenge to the controversial legislation.
Before the protest, Rheintgen sent 160 letters to Florida officials explaining her intention to use the women’s restroom and including her photo.
If convicted, Rheintgen faces potential penalties of up to 60 days in jail and a $500 fine for the second-degree misdemeanor charge.
Critics argue the law unfairly targets transgender individuals and creates unnecessary complications for bathroom use in government buildings.

Planned Protest Leads to Arrest

On April 3, 2024, Marcy Rheintgen, a 20-year-old transgender college student from Illinois, was arrested at the Florida State Capitol after using a women’s restroom. The arrest came after Rheintgen had informed state lawmakers of her intentions through approximately 160 letters that included her photograph. Upon entering the women’s restroom, she remained there for less than a minute before Capitol police confronted her. When asked to leave, Rheintgen allegedly refused and was subsequently arrested and charged with trespassing after warning, rather than being charged under Florida’s bathroom law itself.

Rheintgen’s arrest is believed to be the first of its kind under Florida’s “Safety in Private Spaces Act,” which prohibits individuals from using bathrooms that don’t align with their birth sex in government buildings. The student reportedly told authorities, “I am here to break the law,” making it clear that her actions were a deliberate challenge to legislation she considers unjust. The arrest has drawn attention to the practical enforcement of bathroom laws that have been enacted in several states but rarely enforced through criminal charges.

Legal Implications and Enforcement Strategies

Florida authorities chose to charge Rheintgen with trespassing rather than directly applying the bathroom law itself, a decision some legal observers suggest may be strategic. By avoiding direct enforcement of the “Safety in Private Spaces Act,” officials potentially prevent a court challenge that could test the constitutionality of the law. Florida is one of more than a dozen states with bathroom regulations, though only Florida and Utah have criminalized violations. The Florida law specifically applies to government buildings, including legislative offices, schools, libraries, jails, state parks, and potentially certain airports and sports venues.

“Transgender woman Marcy Rheintgen was arrested in Florida for using the women’s restroom at the state Capitol, marking what is believed to be the first such arrest under a state law prohibiting individuals from using bathrooms that do not align with their assigned sex at birth in government buildings.” – Source

The law, passed in 2023, makes it a second-degree misdemeanor for individuals who don’t leave restrooms assigned to the opposite sex when asked by a government employee. The legislation includes exceptions for unisex restrooms, maintenance purposes, accompanying children or disabled persons, and situations where facilities are out of order. Critics note that the law’s language is vague and confusing, potentially leading to inconsistent enforcement against individuals using public facilities.

“I know that you know in your heart that this law is wrong and unjust,” Marcy Rheintgen wrote to state lawmakers ahead of her arrest. https://t.co/7HLCnB2uRw

— HuffPost (@HuffPost) April 8, 2025

Responses from Advocacy Groups

The arrest has prompted strong reactions from civil liberties and LGBTQ advocacy organizations. Jon Davidson from the American Civil Liberties Union noted that this arrest appears unprecedented among states with similar bathroom bans. Equality Florida condemned the enforcement action, characterizing it as an unnecessary intrusion on personal dignity rather than a matter of public safety. The organization has further questioned the practical enforceability of such laws and their impact on transgender individuals’ freedom and security.

“I wanted people to see the absurdity”

Following her release on pretrial conditions, Rheintgen described the experience as “terrifying” and expressed concern about being labeled a criminal for using a bathroom. Advocates point out that transgender individuals have used facilities matching their gender identity for generations without incident. The case highlights growing tensions between state legislation targeting transgender individuals and efforts to maintain civil liberties in public spaces. If convicted of the trespassing charge, Rheintgen could face up to 60 days in jail and a $500 fine.