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Village of Oswego passes 'Finnegan's Law'
The village of Oswego unanimously approving Finnegan's Law today.
OSWEGO, Ill. - Oswego passed Finnegan's Law, a new ordinance requiring reinforced barriers at vulnerable building entrances and outdoor public areas. The law is named after the 2-year-old boy that died after a car crashed into a Portillo's restaurant in July.
What we know:
On July 30, a 50-year-old woman crashed in a Portillo's restaurant on Route 34 around 1:55 p.m. Twelves people were injured at the scene and 2-year-old Finnegan McKee was killed.
At the time of the crash, no protective barriers were present. The entrance to the restaurant was all glass with a 4-inch-tall raised concrete walkway.
The new ordinance requires newly constructed buildings and outdoor spaces to put up barriers including:
- Public entrances of businesses in B-1 Regional Business and M-1 General Manufacturing Districts
- Non-residential uses in residential areas, including schools and churches
- Public entrances to residential care facilities
- Storefronts with windows within two feet of the ground
- Outdoor dining areas
- Outdoor play areas at daycare center
Finnegan's Law was developed in partnership with The Finnegan Project, a nonprofit by Finnegan's parents, Schyler and Christina McKee, after their son's death.
The Oswego Portillo's added safety barriers to the outside of the restaurant back in October.
The backstory:
No criminal charges were filed against the driver. Oswego police said their investigation determined the driver, a 50-year-old woman from Canton, Michigan, accidentally pressed the accelerator instead of the brake before her 2011 Lincoln MKZ jumped the curb and plowed through the restaurant’s glass storefront on July 30.
Investigators said the vehicle was traveling about 5 to 6 mph when it entered the parking space and reached 14.9 mph in the final seconds before the crash. Data showed no braking activity during that time.
Police ruled out impairment and distraction as factors. Toxicology results showed no alcohol and a THC level of 1.4 nanograms per milliliter — below the legal limit in Illinois, authorities said. A forensic review of the driver’s phone data confirmed it was being used only for GPS navigation.
RELATED: Portillo's crash: Officials release new details on 2-year-old's death, driver involved
What they're saying:
"Finnegan’s Law is a powerful example of how tragedy can lead to meaningful, life-saving change," said Louis Anthony Cairo, GWC Partner and attorney for the McKee family. "This ordinance recognizes a simple truth: vehicle-into-building crashes are foreseeable, preventable, and devastating. Requiring protective barriers at entrances will save lives, and Oswego has taken an important step toward creating laws that conform to the best practices of business proprietors around the country who recognize their duty to protect their patrons from foreseeable risks of car intrusions into buildings, and making sure no other family has to experience this kind of loss."
"This was never just about one crash or one family," said Allison Dolan, GWC Co-Counsel for the McKee family. "Finnegan’s Law sends a clear message that safety at public spaces matters, and that reasonable protective measures should be in place before—not after—someone is killed. We hope other municipalities follow Oswego’s lead."
The Source: Details for this story were provided by GWC Injury Lawyers, LLC and previous Fox 32 reporting.