This. Nowhere is the paradox of tolerance more dangerous than around "ableism" issues; people gotta learn to keep their targets sighted on the actual scum Insidiously using empathy to cross purposes.
The rightfully tolerant protector of the less able does not argue against the Nazi arguing he should be able to punch people without repercussions, they punch the Nazi until he shuts up and go back to equity for everyone else with a clean conscience.
Don't tolerate the intolerant; don't shield them with the benefit of the doubt or stop those with the conviction to stand up for those being told to sit either.
Retaliation has a meaning that does not have bearing here; mens rea for that cannot be established under the circumstances.
Level of reciprocity in force has always mattered; at least we're not under Hammurabi's anymore.
The prosecutor's office in the referenced discussion disagrees with you and you are making claims and not arguments.