By Paul Kozakiewicz

Superior Court Judge Michelle Tong denied District 1 resident and supervisorial candidate Marjan Philhour’s request for a restraining order against David Heller, a small business owner who allegedly grabbed Philhour’s arm during a public meeting.

Philhour was a candidate for District 1 supervisor when the alleged physical altercation occurred.

Philhour claimed Heller “lunged” at her in a threatening manner at a SF Police Department forum concerning public safety on Feb. 1, 2024. She said at a second public forum, a candidates’ debate hosted by the SF League of Women Voters on Sept. 16, 2024 at the Internet Archive, that Heller grabbed her arm while trying to get her attention.

Heller denied lunging at Philhour and said he couldn’t remember if he had touched her at the candidates’ debate.

Heller said he wanted to talk to Philhour about a comment one of her consultants posted criticizing the Greater Geary Boulevard Merchants and Association, of which Heller has been president for almost 30 years. He also blamed her for sending “goons” to his business to protest at a rally held at Heller’s business, the Beauty Network. Heller supported incumbent District 1 Supervisor Connie Chan for re-election.

Philhour originally filed for an emergency restraining order against Heller to protect her and her family on Sept. 18, 2024, a motion Tong denied. The case was then postponed until after the election.

Heller testified that he does not know Philhour’s husband and did not know she had children.

On Feb. 13, Tong released the court’s decision.

“Not only does the court find there is insufficient evidence of past harassment, there is no evidence that harassment is likely to recur in the future,” Tong wrote. She concluded: “For the above reasons, the petitioner’s (Philhour’s) request for a permanent restraining order is denied in its entirety. There was no evidence that petitioner’s family members were remotely affected by (Heller’s) conduct.”