Your caveat makes sense, and I agree those are a serious issue. However, the article doesn't say "illegal e-bikes", "e-motos", "suped-up e-bikes", "dirt bikes", or anything like that. It only says "e-bikes". Even their link to another article is discussing 20-to-28-mph e-bikes, and refers to the faster categories as "e-motos".

If that is truly what McNamara meant, it is very sloppy that they failed to say so.

EDIT: For anyone downvoting me, I am respecting the text of the article, because that is what most people will read. Most people will not see olyjohn's caveats and context (which again, I agree represent the real problem).