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 tells a local newspaper that 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.
