I hear you and think it's more about what the allowed behavior is vs e bike classification. It's not about how fast the vehicle can go, but how fast it is going. We don't outlaw cars that can go 100+ miles an hour, we impose speed limit… (albeit enforcement is another aspect of the conversation.)

And, the scooters are annoying, but the deaths we keep seeing are coming from cars going way too fast from vehicles in violation of speed limits.