Putting aside the apparent controversy of hate crimes which almost exclusively concerns a crime against a minority for being a minority…
What constitutes a hate crime, one must first be charged with an actual crime before the hate crime charge is added in addendum.
For example, if you burned an American flag, or even an lgbt flag, and did not break the law in some other way…. Then it is not explicitly a hate crime. It can be determined a demonstration but still a protected act if one does it on property that they have permission to demonstrate.
Even I’m a bit confused on where demonstrations can be held. Presumably, they cannot be held on private property of the owner that you wish to demonstrate against. It would be a hate crime to burn a cross on the property of a black persons business, because there may be property damage, harassment, or trespass charge first. I assume you wouldn’t defend the KKK’s right to do this. No civilized Republican would.
However in the case where a woman demonstrated this, she not only set fire to a part of the private establishment and was primarily charged with vandalism. She did not bring a flag but set fire to someone else’s. This is the key part in how her act was considered a crime.
https://www.ny1.com/nyc/all-boroughs/news/2023/02/22/woman-arrested-for-setting-pride-flag-on-fire--police-say
For those who do not know, if someone takes or sets fire to your American flag, or in the case of what happened to the bistro, sets fire to your flag while it is attached to your property, you may be relieved to find out that is absolutely a crime.
I would argue, and it’s possible, that the act of setting fire to the flag in this case may not constitute a hate crime if the owners, or workers, are not lgbt. But because the bistro may welcome customers who are, that act may be considered a discrimination against them on the part of the vandal. Vandalism is not protected speech, much in the same way that unauthorized spray painting graffiti on a public wall is also not protected speech. An act she also did.
Whites and heterosexuals are not exempt from hate crime protections. Because of the American flag represents all Americans, and most people who live in the US are American, so it can’t be considered a discrimination not considered a hate crime if someone burns your American flag. It is still a crime if the person setting it on fire did not originally own it.
I hope this clears things up for you.