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Maine City Introduces Regulations on…Loud Whistler

Feb. 25, 2013 3:49pm Erica Ritz

Maine City: Robert Smith Can Whistle Downtown, But Only if He Walks While Doing It

Robert Smith whistles while he walks. (Photo: Portland Press Herald)

(TheBlaze/AP) — 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 has been cited by police twice in the past year after local businesses in Maine complained. He pleaded guilty last summer and has just reached a deal with the city saying he can keep whistling as long as he’s moving while doing it.

Smith maintains that his whistling – reportedly 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 commented: “Just like if somebody plays an instrument in front of your business or has the radio on constantly, it’s irritating.”

Someone posted a video of Smith’s whistling on YouTube about six months ago, describing him as “haunting” the downtown area:

Smith says 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 around 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.

As he walks the streets, some people laugh and smile. But others scowl or roll their eyes in disgust, making rude comments after passing by.

In a plea agreement last summer, Smith pleaded guilty to disorderly conduct and agreed to no longer whistle while standing in one place. Now, as long as he’s walking while he whistles, authorities have agreed not to bother him.

The prosecutor, Trish McAllister, disagreed that Smith’s whistling is protected by the First Amendment. A Portland city ordinance says whistling, hooting and other unnecessary noises that “annoy, disturb or injure the health, peace or safety of others” are forms of disorderly conduct.

“The judge and I viewed this as a behavioral issue,” she said. “(Smith) was aggressive. He would follow people who gave him a wrong look.”

But Smith says all he wants to do is “just to show the world that you can be happy every day doing the simplest thing like whistling.”

Here’s video of Smith’s interview with the Portland Press Herald:

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Comments (49)

verbatim
Posted on February 26, 2013 at 9:53pm
” unnecessary noises that “annoy, disturb or injure the health, peace or safety of others” are forms of disorderly conduct.”

Who’s to say what’s unnecessary?

“annoy” – so anything that “bothers” me can be silenced? Isn’t that what the First Amendment is supposed to protect?

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Listen_then_think
Posted on February 26, 2013 at 10:03am
Leave it to the liberal loser hippies who cry that they should be able to smoke pot that want to take away someones freedom to whistle. Man I detest liberals.

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bigfish92672
Posted on February 26, 2013 at 9:22am
The police state is inevitable.

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rollthebones
Posted on February 26, 2013 at 6:58am
How much money did the city waste over this?

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- rollthebones
  Posted on February 26, 2013 at 7:29am
  When, if, I visit Portland I will sure be whistling Dixie as I’m passing through. :)
  
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KyleD
Posted on February 26, 2013 at 3:50am
This is something a 10 year old might do to annoy siblings…I mean, it’s not even good. If he were an awesome whistler I might give him a pass but the guy might as well be walking down the street with a blow horn.

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Smokey_Bojangles
Posted on February 25, 2013 at 7:51pm
When do his rights begin and mine end,though?

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TheBurningTruth
Posted on February 25, 2013 at 6:11pm
Let’s see if they have the balls to ban the 5AM “Call to Prayer” from the minarets once the mzzies arrive.

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stumpy68
Posted on February 25, 2013 at 5:37pm
We should give Portland Lewiston and Bangor to
Vermont (i dont think Newhampshire would take them)
what is it about living in a city that tuns peoples brains to mush
or is it that cities attract idiot children like flies to crap.

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- Melva Flicker
  Posted on February 26, 2013 at 3:26am
  NO we should have North and South Maine it is in the Maine Constitution!!
  
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- stumpy68
  Posted on February 27, 2013 at 9:50am
  Melva Flicker
  That suits me fine im about 10 minutes
  from the canadian border
  
  Report this comment
I_AM_HARRISON_BERGERON
Posted on February 25, 2013 at 5:20pm
“unnecessary noises that “annoy…” So can we fine Obama every time he opens his mouth ?!?

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ncjoyce
Posted on February 25, 2013 at 5:17pm
I live in the People’s Republic of Portland and work in the heart of the city. I have never heard him whistling. One guy whistling is nothing, when the “occupiers” were in the city park staying for months on end without a permit nothing was done, but a guy whistling?? A few weeks ago the Portland Police were handing out information about the bad heroin that was on the street….silly me I thought ALL heroin was bad….this is just the tip of the iceberg
Portland is nuts and getting nuttier….

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- WTFurnuts
  Posted on February 25, 2013 at 6:03pm
  I thought I was the only one in ME thinking that. Spending my money telling illegal dopers their illegal dope is bad. portland is a carphole.
  
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- deven8703
  Posted on February 26, 2013 at 8:59am
  Yeah lets go after the whistler and let people stand in traffic asking for money every day when they live in a state where welfare is extremely easy to get and you live a better life than most hard working Mainers.
  
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I_AM_HARRISON_BERGERON
Posted on February 25, 2013 at 5:14pm
Maybe it’s just his rape prevention technique.

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bhosux
Posted on February 25, 2013 at 5:09pm
The city looks like a dump/ghetto. Another liberaltopia to nasty the planet with. Why are all libs cities dirty, messy and reak of stench?

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Carlinpa
Posted on February 25, 2013 at 4:54pm
RE”other unnecessary noises ” Ahh where is the exception and articulation of that in the Constitution? Who gets to determine what is ” necessary’? And why does it have to be?

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- Cavallo
  Posted on February 25, 2013 at 5:18pm
  Some ordinances are left vague and supposedly up to the common sense of the elected officials and employed officers. Normally, commonly, such actions are usually first approached with the equivalent of, “Dude, please knock it off.”
  Ordinances like this are designed to keep people from resorting to extra ordinary measures, or even illegal measures to cause the offending activity to cease. If he is, truthfully, following people. That is harassment.
  
  Report this comment
- desertspeaks
  Posted on February 25, 2013 at 5:30pm
  unnecessary noises that “annoy, disturb or injure the health, peace or safety of others” are forms of disorderly conduct.
  Does that apply to the annoying LIES that come out of politicians mouths? they certainly injure the health, peace and safety of others!!!
  
  Report this comment
SREGN
Posted on February 25, 2013 at 4:43pm
Universal lip registration, background checks, and only ten note magazines.

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yanki161
Posted on February 25, 2013 at 4:35pm
Oh I hear the problem. It’s not that’s he whistles or even whistles loudly. It’s more that he’s Poor Johnny One Note.

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Xylliab_of_the_Znarghh
Posted on February 25, 2013 at 4:30pm
It seems like most of the people here are on the whistler’s side. I can only assume that they did not bother to run the video and hear for themselves this guy’s unidentifiable, tuneless droning. It doesn’t seem exactly fair that other people have to listen to this while the guy in his headphones is able to drown it out with the sound of the songs he thinks he’s whistling played properly.

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- 226crimsontrace
  Posted on February 25, 2013 at 5:07pm
  I work construction as well, and there is nothing more annoying that a whistler. They make there stupid noise all day long, but did you ever notice that there can only be one whistler?? It’s true, whistle back, and louder, it annoys the hell outta them
  
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- rollthebones
  Posted on February 26, 2013 at 7:03am
  Other people do not have to listen to it. Hopefully you have fingers and legs. Close ears with fingers and walk away. Problem solved, problem staying solved.
  The regulations did not solve the “problem,” he is still whistling, moving yet still whistling.
  hahaha!!!!
  
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- Xylliab_of_the_Znarghh
  Posted on February 26, 2013 at 5:52pm
  rollthebones
  Fingers, that’s your answer? By that logic, I have a right to walk down the street naked, as long as I don’t pass anybody who doesn’t have eyelids.
  
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wilbstal
Posted on February 25, 2013 at 4:19pm
The prosecuter is a communist Liberal pay no attention they think they can re write the Costuitution . soon all these folks will get deleted

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DEFCON4
Posted on February 25, 2013 at 4:16pm
“Whistle blowing” on the whistle blower ,now I find that ‘irritating’…..

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chips1
Posted on February 25, 2013 at 4:15pm
The signal light had a red “DON”T WALK” signal. How much is that fine? Someone up there can’t even enforce the laws already on the books and they pass another one. Dumbmasses.

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SallyV
Posted on February 25, 2013 at 4:14pm
I knew Portland was a very liberal city within my state, but this is really going too far. Sure wish I could move out.

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- wilbstal
  Posted on February 25, 2013 at 4:43pm
  Liberals run wild more power for them Boss boss boss
  
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RJJinGadsden
Posted on February 25, 2013 at 4:10pm
The next time you run into somebody who utters the phrase “There ought to be a law….” Just go ahead and knock his teeth down his throat.

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- OldSurfRat
  Posted on February 25, 2013 at 4:25pm
  There ought to be a law against that !!
  Sorry could not help it (:
  
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- DEFCON4
  Posted on February 25, 2013 at 4:30pm
  Gotcha’ RJJ, It’s the ole’ “aggravated-assault defense”.
  They ‘aggravated’ me, so I ‘assaulted’ them…
  Works for me.
  
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- OldSurfRat
  Posted on February 25, 2013 at 4:38pm
  Defcon
  
  Sound fair to me.
  
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- RJJinGadsden
  Posted on February 25, 2013 at 5:10pm
  OLDSURFRAT, DEFCON4, LOL the both of you. Actually, its for aggravated and reckless endangerment. That is where these stupid idiotic laws and local ordinances have gotten us these days. This ordinance in particular is custom made for one person in particular. Okay, they can charge others in the future for making the same infraction. But, as I read the story, I could just hear those who have uttered that phrase in presence in the past, “There ought to be a law…..” That is how much of this BS gets started.
  
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- Darmok and Jalad at Tanagra
  Posted on February 25, 2013 at 5:36pm
  Maybe this was really just Bobby McFarland walking around, that guy was most irritating, Don’t tell me to “Don’t Worry, Be Happy”.
  
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- RJJinGadsden
  Posted on February 25, 2013 at 6:03pm
  DARMOK, They should just go ahead and slap Robin Williams too while they are at it. I would thing that Bobby McFarland should know to stay out of Maine by now, but didn’t he vow to never do that song again? Speaking of that, I came home from Europe when that song was just getting popular here. Frankly, I had to scratch my ass about about that prospect.
  http://www.youtube.com/watch?v=d-diB65scQU
  
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- Darmok and Jalad at Tanagra
  Posted on February 25, 2013 at 6:59pm
  Europe is usually about 5 years behind our trends, but they get us back by sending their stupid trends over here.
  
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OldSurfRat
Posted on February 25, 2013 at 4:10pm
What?
Tell them to blow that whistle law out their a$$.

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UBETHECHANGE
Posted on February 25, 2013 at 4:06pm
The whistle complainers are control freaks. They need to get a life!

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- RJJinGadsden
  Posted on February 25, 2013 at 6:09pm
  UBETHECHANGE, I’ll have to hand it to you for once….even you can overstate to obvious.
  
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Cavallo
Posted on February 25, 2013 at 4:02pm
So he was purposefully harassing people?

“The judge and I viewed this as a behavioral issue,” she said. “(Smith) was aggressive. He would follow people who gave him a wrong look.”

What if I took an air horn and followed him around and blasted it periodically as he whistled? Not acceptable either.

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- UBETHECHANGE
  Posted on February 25, 2013 at 4:11pm
  I listened to the interview. This guy looks and sounds harmless to me. Does anyone have any video of him following and harassing people?
  
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- Stoic one
  Posted on February 25, 2013 at 4:14pm
  If I had a dog that chased cars i would use the soapy water in a squirt gun form of behavior modification; even though i feel this is unacceptable. Your air horn form of behavior modification, though unacceptable, would seem to be necessary in this case.
  
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- rollthebones
  Posted on February 26, 2013 at 7:17am
  You would risk causing other people and yourself noise-induced hearing loss with an air horn over whistling?
  Sounds 120 to 150 decibels can cause hearing damage.
  Which do you think will damage your ears first, this guys whistling or an air horn?
  
  Report this comment
Sharon Rose
Posted on February 25, 2013 at 3:57pm
Dirty Commies, I whistle because I am happy, let the guy alone & go fight crime….

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- Cavallo
  Posted on February 25, 2013 at 4:03pm
  He was apparently following people. Which would be harassment.
  
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- I_AM_HARRISON_BERGERON
  Posted on February 25, 2013 at 5:13pm
  Cavallo,
  
  Then maybe they should have charged him with harassment instead of manipulating the laws and infringing on the First Amendment.
  
  Report this comment

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