PORTLAND, Maine (February 25, 2013)—Robert Smith of Westbrook, Maine, who was charged with disorderly conduct for his loud whistling in downtown Portland, has reached a deal with the city that means he can still whistle, but he can't linger in one spot.
Police cited Smith 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 keeps moving.
Smith told The Portland Press Herald his whistling, which is audible from a block away, is protected by the First Amendment, and usually brings smiles.
City officials disputed the free speech argument, however.
Janis Beitzer, of the Portland Downtown District, understands why some business owners are upset with the whistling, which she said is "irritating," like playing a radio too loud.