By Paul Kozakiewicz

District 1 supervisorial candidate Marjan Philhour’s attempt to get a restraining order against Geary Boulevard Merchants and Property Owners president David Heller has been postponed until Dec. 10.

Philhour tried to get an emergency restraining order against Heller for allegedly grabbing her arm during a League of Women Voters debate at the Internet Archive on Sept. 16.

Heller said he did not remember touching Philhour but when she said, “Don’t touch me,” he approached a couple of minutes later and said, “I’m sorry I touched you, if I touched you.”

Philhour did not accept the apology and took her argument to the Superior Court, where Superior Court Judge Michelle Tong said Philhour’s arguments did not rise to the level of issuing an emergency restraining order. 

“The facts as stated in form CH-100 do not sufficiently show acts of violence, threats of violence, or a course of conduct that seriously alarmed, annoyed, or harassed (Philhour) and caused substantial emotional distress,” Tong determined. 

The judge set Oct. 10 as the date to hear further arguments concerning the court-issued restraining order.

But, on Oct. 10 Philhour told Tong that she had just hired attorney Eileen Burke the day before the hearing and that Burke needed more time to review the case. The judge suggested a court date at the end of October but Burke said she had a month-long case in Sacramento and was not available until the end of November. The judge set a Dec. 10 date to further review Philhour’s request for a restraining order. 

In her complaint, Philhour also accuses Heller of “lunging” across a table at her during a Feb. 1 business security summit at City Hall. She said her fear of Heller led her to pursue the restraining order to keep him away from her family, including her husband and two children.

“I will not accept the political bullying that has stopped so many from getting involved in our neighborhood. And I know I will face criticism for speaking out, but I’ve had enough of this,” Philhour posted on Sept. 17 on X (formerly Twitter). 

Heller says he only spoke to Philhour at the security summit and denies lunging in a threatening manner. He claims Philhour is trying to publicize their interactions for political gain, since she is in a hotly contested race for District 1 supervisor against incumbent Supervisor Connie Chan. Heller is an outspoken supporter of Chan. 

“If she was really worried about her safety, why did she postpone the court date until after the election,” Heller said. “She’s abusing the court for political gain.”