When is a banana peel just discarded waste?

Well then, let’s say there are three categories:

  1. Racist with intent: The people in Charlottesville come to kind.
  2. Racist without intent: "Jew them down" fits this category.
  3. Act accidentally perceived as racist: A couple of years ago, a bag of feces was left by the Black cultural center (perhaps at Vanderbilt?). It was called a hate crime, but the bag was left by a blind student cleaning up after a guide dog who was following policy on handling waste.

I suspect the banana peel fits the third category.