I'm not familiar with the US legal code, but this sounds like a grey area. What about harassment, or disturbing the peace, etc. Unless you're a lawyer with significant experience in the area, I doubt it's as clear cut as you make out.
I would agree that there is grey area, but I would compare this to some guy walking up and commenting on your grey hair, then you, offended, punch him in the face. If we take that to the extremes then maybe it would be harassment or disturbing the peace, but at face value I say your the only person committing a crime there.
I'm not familiar with the US legal code, but this sounds like a grey area. What about harassment, or disturbing the peace, etc. Unless you're a lawyer with significant experience in the area, I doubt it's as clear cut as you make out.