In most states, you need "an imminent threat of physical harm that is reasonable from the circumstances" (or something similar).
Pointing to a tattoo does nothing to make a reasonable person think that a weapon will be imminently produced and used...
Only liberal psychosis can make that leap. "He's pale, and has politically incorrect body modifications! He must be about to attack, because a person with a high melanin content is nearby! Run! Aiiigghh!"
Taunting someone and pointing to your White Power/SS tattoo, can amount to an “an imminent threat” against black, especially if he’s outnumbered by like-minded thugs. It sure sounds like the potential start of an attack - you know the idiot is working himself and his buds up to the attack.
Personally, I don’t like the hate crime part, but I might support assault.