Emeryville council adopts Little Free Libraries program, removes neighbor-approval requirement and grandfathers existing boxes

The Emeryville City Council on a unanimous 5–0 vote approved a resolution establishing a program for Little Free Libraries in the public right of way, adopting two council-driven changes to staff’s draft guidelines.

Council member David Mora moved to adopt the program with two modifications: strike the letters-of-support requirement from adjacent property owners and grandfather existing Little Free Libraries in place, except where a library impedes pedestrian paths, ADA access, a fire hydrant, or presents a safety or maintenance concern. Vice Mayor Solomon seconded the motion, and the council carried it by roll call.

Public Works management analyst Jeff Gelsma, who authored the resolution, told the council the proposed 3-foot clearance from street trees and the 18-by-18-by-24-inch dimensions were drawn from other jurisdictions and prior local study-session guidance. "The 3 feet from trees was, based on guidance of other jurisdictions … as a way to protect the tree itself," Gelsma said, and he described the program as complaint-based rather than proactively enforced by staff.

Council members pressed staff on whether the city already knew the locations of existing boxes; Public Works staff confirmed they have identified the existing Little Free Libraries and can address any that cause safety or maintenance issues on a case-by-case basis. Council member Preyfors asked whether the city could require renewal or periodic review; staff said the current proposal intentionally kept the program low-lift with no renewal process to avoid fees and heavy staff time.

On the question of content moderation, City Attorney John Kennedy cautioned that First Amendment law limits the city's ability to prohibit content and that any content restrictions would need to fit narrow, established exceptions to avoid litigation. "The issue is the First Amendment," he said, explaining that the city can regulate only limited categories of unprotected speech.

The resolution’s practical effects as amended: new Little Free Libraries must meet basic siting standards but do not require neighbor letters, existing boxes are grandfathered unless they create safety or ADA problems, and enforcement will generally follow a complaint-driven process. Staff indicated they will coordinate with sponsors of grandfathered libraries as needed to address tree or safety concerns.

The council’s vote on the motion was recorded as follows: Council member David Mora, aye; Council member Preyfors, aye; Council member Welch, aye; Vice Mayor Solomon, aye; Mayor Carr, aye. The motion carried. The council did not attach fees or a renewal requirement to the adopted program.

The council directed staff to implement the program consistent with the council’s modifications; staff did not give a final implementation date during the discussion.