To start off, who ever wrote this article was honestly wasting their time. There are much more important things to write about than a man's right to whistle in public, I don't understand the big deal. Mr. Smith can whistle where ever he wants whenever he wants, and if someone doesn't like it then that's too bad for them because that's the way life works. You get what you get and you like it and if you don't, well then that's too bad.
Two months later, Smith was arrested and taken to jail after police received complaints about his whistling in front of Starbucks at Middle and Exchange streets. The charge again was disorderly conduct.To go so far and arrest a man for whistling too loud in public is really dumb. A simple "Hello sir could you please stop whistling? It's distracting me from my work." would have done just fine, but sending Mr. Smith to jail is taking it way to far. If people are a loud to carry guns in public without getting in trouble, I am pretty sure Mr. Smith should be able to whistle as loud as he wants.
According to the July 3 arrest affidavit, Smith was whistling loud enough to disturb businesses and people in the area. After being warned to keep the noise down, Smith allegedly started singing louder, "intentionally to annoy bystanders."
Smith's May summons landed him in court. Court records indicate he pleaded guilty on Aug. 22, 2012, to the disorderly conduct charge and agreed "to curb disorderly behavior (loud whistling) in the future."