# Brooks v. City of Peoria

> Appellate Court of Illinois · June 15, 1999 · 305 Ill. App. 3d 806

URL: https://www.frixlaw.com/law-library/cases/9720640

## Case

- **Full name:** DENNIS BROOKS, Indiv. and as Parent and Next Friend of Blake Brooks, a Minor, Plaintiff-Appellant, v. THE CITY OF PEORIA, Defendant-Appellee
- **Court:** Appellate Court of Illinois
- **Decided:** June 15, 1999
- **Citations:** 305 Ill. App. 3d 806; 238 Ill. Dec. 665; 712 N.E.2d 387
- **Precedential status:** Published
- **Opinion:** Concurrence by Koehler
- **Judges:** Slater, Koehler
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9720640

## How later opinions describe it (automated extraction)

- discussing City of Peoria Code

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9720640. Public record. Not legal advice.