Brooks v. City of Peoria

JUSTICE KOEHLER, specially concurring:

I concur in the judgment of the court and join in its opinion. However, I write separately to address the commonsense and public policy considerations that support our conclusion that infant bicyclists are intended users of Peoria’s sidewalks. I agree with the court in Garcia v. City of Chicago, 240 Ill. App. 3d 199 , 608 N.E.2d 239 (1992) (concluding that a city ordinance allowing bicycle riding on sidewalks by persons 12 years of age or younger and prohibiting those over 12 years of age from riding on city sidewalks did not violate equal protection), that there are “several rational justifications” for making distinctions between who is and who is not an intended user of city sidewalks. These justifications include: (1) the protection of pedestrians; (2) the protection of young children learning to ride bicycles who could be injured if riding on the streets; (3) the slower speeds of children and small bicycles and the lesser degree of danger they pose to others; and (4) the faster speed of adult bicyclists and, consequently, the greater likelihood that they will not see dangers along the sidewalk. The language of the City of Peoria Code, the nature of the property itself, and public policy considerations compel us to conclude that Peoria owes a duty to its young bicyclists.