2nd request for restraining order against mayor

Published 04/10 2013 05:11PM

Updated 04/10 2013 06:12PM

CHAMPAIGN -- A musician wants a restraining order against the city's mayor. He says Mayor Don Gerard harassed him in the middle of a concert. WCIA-3's Anna Carrera has the details.

Mayor Gerard says that's not what happened. Gerard says James Bean is the one who was harassing him.

A judge denied Bean's emergency protection order request in court Wednesday. Bu, the situation isn't over yet.

"I have been performing in public since I was a child," said Bean. "In 40 years or more, I've never had anyone do that to me."

Bean and Mayor Gerard have known each other for decades. Both played in bands in the 80's. Bean was performing with his band Saturday when he says Gerard interrupted him.

"He came right up next to me as I was seated and playing and started yelling at me," said Bean. "He accused me of hitting on and harassing his daughter."

But Mayor Gerard says that's not what happened. He didn't want to go on camera, but he says Bean has been bothering him for more than a year and threatening him and his family.

Gerard says Bean also talks to him a lot on social media, so the mayor blocked him on Facebook. And when Gerard went to the Boneyard concert this weekend, he says Bean pursued him, threatening and harassing him, even though he told Bean to leave them alone. The mayor called police, but investigators left without making an arrest.

"I don't think it's an unreasonable request for me to be able to go out and do what I do as a musician without being threatened and harassed by an official, or anyone for that matter," said Bean. 

Bean says he was thinking of filing assault charged against Gerard, but now he'll wait to see how things play out in court. There's a new date set for both to appear later this month. It will address a "no-contact" order.

This is the second request for an order of protection against the mayor. Ex-girlfriend, Laura Huth, requested an emergency no-contact order against him last year. That was also denied.

In February, a judge granted a motion for Huth to amend it. Huth's attorney says Gerard threatened to use taxpayer resources to intimidate her.

Gerard's lawyer says that never happened. The next court appearance in that case is Thursday.

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