But Herbert told BBC Sport: "Clearly Tottenham have a distance to travel before they learn of the offence that is being caused.
"If you had a group of Afro-Caribbean supporters using the 'N-word', even as a 'defence mechanism', it would clearly be completely unacceptable. There are young supporters present when the chants are used.
The N-word is accepted as being offensive by the vast majority of society.
The Y-word is not accepted as being offensive by the vast majority of society, at least not to the same degree. So it is not a good comparison to make.
"Use of the word, even in this way, could be seen by some as justifying other people using the term."
He has warned the north London club that unless they take action by 20 November, he will report "a racist incident" to the Metropolitan Police.
Go for it. And when the police fail to find a single person acting in a racially abusive manner, please then wait for our next home game and have another go. Then maybe you might find yourself up on a nice charge of wasting police time.
But Peter Herbert said this "wouldn't make sense to a six-year-old".
Good work Sherlock. Youve worked out that a six year old would not understand an argument on the subject of racism, and the different ways in which the same word is used by different members of society? Wow, you must be one of the cleverest lawyers around. Obi-Wan Mikel is so lucky to have you working on his watertight case.
Herbert is making this bunch look like a group of trouble makers trying to make a name for themselves. We have seen people like this before and they are not good people, they are divisive. It looks like Herbert also has some sort of vendetta against Spurs.... He is talking about making a complaint about something which has not yet happened. Why not go to the Police about a time "yid army" was shouted at out last home match?
He is pinning his colours to the Chelsea mast, when it is their fans who overtly racially abuse the Jewish people by making hissing noises. Their captain abuses black men. Herbert is a nasty piece if work, a trouble maker, who needs to be marginalised. For what it's worth I am what people would describe as a British Asian, I find it hard to accept that a Society of Black Lawyers needs to exist, and if they did I do not understand why they need to be actively sticking their noses into business that does not immediately concern them.