Yes, of course people should be careful what they say and try not to be a**!$#?s.
But the fact that several people who I would consider decent persons didn't recognize how unsensible Merz' remark could sound, makes me think that this isn't about being a decent person or not. It's about being aware of how yesterday's platitudes ("as long as it is within the scope of the law and does not concern children") put into the wrong context can evoke highly unfortunate associations and therefore be insensitive. Wokeness in the positive sense includes being aware about that, wokeness in the negative sense includes automatically assuming bad intentions when people fail to follow the code.
I understand what you say.
I guess I just think that jumping on that and calling it "disgusting" belongs more to what you called "wokeness in the negative sense".