ah yes, everyone's favorite totally irrelevant red herring. "in that other circumstance this thing happens so it's ok to do something like that thing in this circumstance." please. if you're so concerned about going downhill fast, please note that limiting the motor assist speed of an eBike doesn't limit the speed at which you can go downhill. so you're good. oh, wait, that isn't actually what you are concerned about, is it? you want to go fast UPHILL or in some other circumstance in which the vast majority of non-professional cyclists are going more like 15mph, not 28mph. that's the rub. in just about every city in the world you're sharing infrastructure designed for and used by over decades with small, lightweight, human powered vehicles that typically go around 15mph.
it matters not one bit how fast a track cyclist can go. track cyclists don't ride at 33mph through city streets. if you want to go MUCH faster than everyone else, do it with your own legs, or get in the lane with the other motor vehicles.
also - if you're going to try and use claims about momentary human power to support what you think a motor should be able to do for extended periods of time (already ridiculous!) you may as well bother to get them right. the average human on an average bike absolutely cannot reach 30mph on level ground. to do so on an upright bicycle with big tires requires close to 1000w, far out of reach of "most" riders. it takes about 500w to do so in the drops on a fast road bike, which is starting to get more reasonable, but again "most" people can't even ride a bike like that hard in the drops. in my last 10,000 miles of cycling i have encountered a typical person riding 28mph on level ground precisely zero times. even 20mph is quite unusual, frankly. my spirited rides average 16 or 17 mph and i pass the vast majority (95% or more) of riders on the flats and downhills. i get passed by smaller, lighter riders going uphill.
if you want to justify 28mph in the bike lane or shared path, do it with actual science/studies on the subject, not random irrelevant facts.