Maine man can whistle, but he must keep moving

Associated Press

PORTLAND, Maine

A man charged with disorderly conduct for his loud whistling in downtown Portland has reached a deal with the city — he can whistle, but he can’t linger in one spot.

Robert Smith of Westbrook has been cited by police twice in the past year after businesses complained. He pleaded guilty last summer and reached a deal with the city in which he can keep whistling as long as he’s moving.

Smith maintains that his whistling — audible a block away — is protected free speech and usually brings smiles.

“God is showing me what I’m doing is OK,” he told The Portland Press Herald. “He shows me every day with laughter.”

But downtown businesses have complained about the 32-year-old Smith’s never-ending noise-making.

Janis Beitzer, of the Portland Downtown District, understands why some business owners are upset.

“Just like if somebody plays an instrument in front of your business or has the radio on constantly; it’s irritating,” Beitzer said.

Smith said he works a construction job during the summer, but when he’s not working, he usually takes a bus into Portland and walks downtown streets from about 9 a.m. to 5 p.m., wearing a baseball cap, wrap-around sunglasses and a backpack while listening to classic rock and oldies through his headphones.