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Youth-Smoking Study Sees On Rethinking, Governor Little Effect in Sting Efforts Issues Pardon in Rape HOUSTON, Oct. 8 (Reuters) Gov. George W. Bush of Texas a By BARNABY J. FEDER be surprised that teen-agers were versed himself today and said he Regulations adopted by the Fed- finding ways to dodge the intent of would pardon a man who served 12 eral Government last year to make it the Synar regulations. years in prison for a rape that new "You can't pass a law ordering DNA tests showed he did not commit. der for children to buy cigarettes teen-agers to stop being teen-agers," Governor Bush said he decided to and chewing tobacco are unlikely to have any effect on teen-age tobacco Mr. Lauria said. pardon the prisoner, Kevin Byrd, 35, according to a study of six Mas- Teen-age smoking has become a after a Houston hearing by Judge sachusetts communities that is being focus of the tobacco wars because Doug Shaver of State District Court TOBACCO-1 published today in The New England nearly 9 of 10 smokers start before in which the judge ruled the DNA Journal of Medicine. they turn 18, teen-age smoking rates tests were valid. The Federal rules - known as the have been creeping up, and research "Now that a court of law has re- IDEAS Synar regulations, for the late Repre- shows that the earlier viewed and admitted the new DNA sentative Mike Synar, the Oklahoma starts, the more likely he is to de- evidence," Mr. Bush said in a speech Democrat who sponsored the 1992 velop health problems later. Some in Austin, "I intend to pardon Kevin law on which they are based - 3,000 American children begin smok- Byrd as soon as the paperwork threaten states with the loss of Gov- ing each day, according to the Fed- reaches my office." ernment grants for drug abuse pro- eral Government, and as many as a Mr. Bush turned down a request grams unless they reduce the fre- third of them are expected to die of from Mr. Byrd for a pardon last quency of tobacco sales to minors to tobacco-related illnesses. month, even though it had been than 20 percent of attempts. The F.D.A. regulations are being backed by Judge Shaver, District The rules recommend that perform- challenged in court by the tobacco, Attorney Johnny Holmes of Harris be measured by the local au- retailing and advertising industries. County and the Texas State Board of ities' use of children in sting op- One provision of those regulations Pardons and Paroles. erations aimed at tobacco retailers. that has already taken effect, re- Mr. Byrd is black, and newspapers But the Massachusetts research- inforcing the Synar rules' intent to reported that the Governor had is- found that even in communities reduce youth access, sets.a nation- sued 14 pardons since taking office in with enforcement programs strong wide ban on sales to anyone under 18 1994, none of them to blacks. enough to have cut the frequency of and requires retailers to demand Mr. Byrd was convicted of raping reported illegal sales below the Fed- photo identification of all tobacco a pregnant woman in 1985 after she eral standard, teen-agers surveyed saw him in a grocery four months in their high schools said they had buyers who look younger than 30. after the attack and identified him as little trouble obtaining tobacco. Research in other communities, the rapist. Fifty-eight percent of under-age youths who tried to buy tobacco in Somerville, Brookline and Needham Maine Governor to Seek - towns where successful illegal at- The police report low tempts, as measured by sting opera- A Second Term in 1998 tions, were below 20 percent of all levels of cigarette AUGUSTA, Me., Oct. 8 (AP) - such attempts - said they were The New Times THURSDAY, OCTOBER 9, 1997 hardly ever refused. That was not sales to minors. The Following the advice of his 7-year-old much lower than the 63 percent who son, Gov. Angus King of Maine an- responded that way when surveyed minors disagree. nounced today that he would seek a in Quincy, Winchester and Arlington, second four-year term in 1998. the three towns with no enforcement "This was not an easy decision, programs against tobacco sales to and it was not a foregone one," said 1 -agers. most notably Woodridge, III,, has Mr. King, the nation's only independ- In all, 70 percent of under-age suggested that teen-agers can be dis- ent governor. youths who tried to buy tobacco said couraged from smoking if the fre- Mr. King said that when he asked they succeeded most of the time. quency of illegal sales can be cut to his son, Benjamin, a second-grader, In each of the six towns, teen-agers well under 10 percent of attempts. whether he should run again, the boy reported that a growing number of But none of the Massachusetts towns responded, "Yup, go ahead," then retailers had declined to sell to them. in the latest study enforced their went to play with some Legos. They compensated by shopping in ordinances so vigorously as Wood- The Governor said he wanted to other towns or asking smokers of ridge, and they did not follow Wood- build on first-term accomplishments legal age to buy for them. ridge's policy of fining minors in mental health, education, health Over all, access was so-easy that caught with tobacco. care and conservation. Mr. King, the researchers could find no impact "I've become convinced that fin- who advocated the enactment of on youths' tobacco use from local ing minors is an important piece of statewide standardized testing of efforts to enforce the state's mini- the solution," said Leonard Jason, a public school pupils, said he would mum smoking age, 18. In fact, while DePaul University researcher who focus on education in a second term. tobacco use among high school stu- has studied Woodridge and several No one has announced plans to dents in the three towns with no other Illinois towns. challenge him. enforcement programs remained The results of the Massachusetts roughly level, it rose in the three research, which covered the period towns where enforcement, as meas- from 1994 to 1996, suggest that the ured by the stings, made illegal sales Synar standards can be undermined less frequent. by retailers who have figured out The findings, some of which were how to avoid being caught in sting presented to the American Public operations, said the leader of the Cc PRMEK Health Association and reported in research team, Dr. Nancy Rigotti, The New York Times last November, director of tobacco research and the grops are being cited by tobacco-control treatment at Massachusetts General advocates as evidence of a need for Hospital. the far more sweeping tobacco mar- One problem is that child partici- I like thes, know but can't of a keting restrictions issued by the pants in sting operations have been Food and Drug Administration early easy to pick out because they are this year. Tobacco opponents say the forbidden by the authorities to show false identifications or lie about their intentionally or unwittingly employ do comprehensive package something as part to results also lend support to calls for sharply higher tobacco taxes to in- age. Another is that retailers either crease the cost of smoking, an ap- proach that has been the most effec- clerks who follow the law when deal- tive way of discouraging minors in ing with strangers but freely sell the past. tobacco to under-age customers they hold everyone acctable BR "We need a comprehensive pro- know. gram beyond attacking youth ac- Teen-agers quickly discover which cess," said William Novelli, presi- stores in a community will sell to dent of the National Center for To- them, and they return there repeat- bacco-Free Kids, an anti-smoking or- edly, the researchers said. As a re- ganization in Washington. sult, buying tobacco can be easy even Tobacco industry officials said where the vast majority of retailers they had not read the study and so obey the law. could not comment on it specifically. "Compliance tests grossly overes- But Thomas Lauria, a spokesman for timate actual compliance," said Dr. the Tobacco Institute, the industry's Joseph DiFranza, a co-author of the trade association, d no one could study.