On the contrary. It would be a much bigger deal (and a much bigger lawsuit) if a WWE wrestler hit a fan, rather than a fan hitting a wrestler.
If it was me, I first of all would have been doing a lot more than just a thumbs down to Batista. I would be screaming every bad thing I could think of at the top of my lungs. Then when he would have decided to get in my face, I guarantee you I have turned into the verbal aggressor. I would be egging him on and trying to get him to lose his head. I wouldn't have hit him first, but I definitely wouldn't have backed down and stayed quiet. And of course, if he ever touched me, I'd have a few thousand witnesses...
P.S: Fuck Batista.