Portland Whistler Ordered to Keep Moving - FOX44 - Burlington / Plattsburgh News, Weather & Sports

Portland Whistler Ordered to Keep Moving

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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 and has to keep walking.

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 in court with the city to keep moving while he whistles.

Smith tells The Portland Press Herald his whistling - audible a block away - is protected free speech and usually brings smiles.

City officials dispute the free speech argument.

Janis Beitzer of the Portland Downtown District understands why some business owners are upset with the whistling. She calls it "irritating," like playing a radio too loud.

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