The village of Oswego is working with the family of the 2-year-old boy killed in July when a car crashed into a Portillo’s restaurant to require protective barriers in front of more businesses.
The village announced it has partnered with The Finnegan Project, a nonprofit founded by the family of the boy killed in the crash, Finnegan Trooper McKee. The Finnegan’s Project mission is to advocate for the installation of bollards or concrete posts in front of public businesses to prevent future tragedies.
At the Oswego Planning and Zoning Commission meeting Dec. 4, commissioners will consider requirements that bollards or similar vehicle impact protection devices be installed at public entrances in the B-1 regional business district, the M-1 general manufacturing district, and non-residential uses in residential districts, such as churches or schools.
Protective measures also would be required at public entrances to residential care facilities, including assisted living facilities and nursing homes, as well as buildings with storefront windows within 2 feet of the ground, outdoor dining areas and outdoor play areas at day care centers.
The proposed ordinance is referred to as Finnegan’s Law. Following consideration by planning and zoning commissioners, the Village Board is set to vote on the measure at its Dec. 9 meeting.
“We are committed to ensuring the safety of our residents and visitors,” Oswego Village President Ryan Kauffman said in a news release. “This partnership with The Finnegan Project honors Finnegan’s memory and reflects our shared goal of preventing future tragedies through thoughtful design.”
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The Finnegan Project is founded by Finnegan’s parents, Schyler and Christina McKee.
“Finnegan’s bright spirit and warm-hearted ambition drive us to push for safer, more secure public spaces,” the couple said in the release. “Everything he did came from love and kindness, and it’s important to us that something protective and meaningful comes from this.”
Following the crash, Portillo’s has installed bollards and parking stops in front of its entrance. Finnegan’s parents are seeking more than $100,000 in damages as part of a lawsuit it has filed against Portillo’s.
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The driver in the July 30 fatal crash at the Portillo’s restaurant in Oswego will not face any criminal charges.
Following an almost three-month investigation, the Oswego Police Department said it determined the driver mistakenly pressed the gas pedal instead of the brake, causing the 2011 Lincoln MKZ to crash into the restaurant.
“This was a careful and comprehensive investigation,” Oswego Police Chief Jason Bastin said. “Our detectives reviewed all available evidence, including forensic data, witness statements, medical records and vehicle analysis. We determined this was a tragic accident in which the driver was at fault, but her actions were not criminal. We extend our deepest sympathies to the family, friends and community members affected by this heartbreaking loss.”
The department submitted its findings to the Kendall County State’s Attorney’s Office, which reviewed the case and found the investigation to be thorough and complete. It concurred that criminal charges were not warranted against the 50-year-old driver, who lives in Michigan.
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