No, the reason that hate crimes are a dangerous idea is because had the same display included Barack Obama it might have been:
[Sheriff's Department spokesman]: Whitmore said that potential hate crimes are evaluated on a case-by-case basis. If the same display had been made of a Barack Obama-like doll, for example, authorities would have to evaluate it independently, Whitmore said.
"That adds a whole other social, historical hate aspect to the display, and that is embedded in the consciousness of the country," he said, adding he's not sure whether it would be a hate crime. "It would be ill-advised of anybody to speculate on that."
This sort of speaks for itself, and if you don't get it, no comment of mine will cause you to see the light.