Bail Blog
03/13/2013
A Westbrook man was ordered to keep walking while whistling and never while standing still.
Robert Smith has been cited twice by police for disorderly conduct because of his joyful noise. Local businesses have complained when Smith would stand in front of their establishments and whistle to himself. Reports say that his whistling can be heard from a block away.
Smith, who is a construction worker, takes the bus into Portland and walks down the streets while listening to classic rock and oldies on his headphones. He would often whistle along to the music.
Smith argued that his whistling is joyful and that “God is showing me what I’m doing is OK. He shows me everyday with laughter.” His assumption is based on his observation that some people smile and laugh when they hear him whistling.
But to some people, his whistling is irritating. Prosecutor Trish Alister said that Smith “was aggressive. He would follow people who gave him a wrong look.”
In a plea bargain, Smith has admitted to the disorderly conduct charge and agreed to keep walking while whistling and not stand still in one spot.