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Copyright 1993' American! Broadcasting, Companies, Inc., All rights reserved. . ABC NEWS S HOW': 21D/2B ! April 2,,1993' LENGTH: 7973 words. HEADLINE: A Kill'ing, in Paradise;, A Dying Breed; I Want My Baby Back BODY: HUGH DOWNS,, ABC News: Good evening. I'm Hugh Downs. BARBARA WALTERS, ABC News: And I'm Barbara Walters, and this is-20/20: ANNOUNCER: From ABC News, around the world and into your home, the stories that, touch your life, with Hugh Downs and Barbara Walters, this is 2©/2B. Tonight - there was big trouble in this private paradise: Mrs: FRANCES' SCOTT, Widow: He thought that they wanted the landl to the point of where they would kill him for this land. ANNOUNCER: One man stood'his ground against the governrrtent, and lost. Mrs. SCOTT: D just, saw all these guns. These men had guns. Capt. LARRY WALD'IE, L.A. County S'heriffs Department: They wem in to arrest a crook. Unfortunately,,a man died. [on phone with deputyJl We!killedl him? Deputy DeW7TT,ll..A. CountySheriffsDeparttrnent: Yeah. ANNOUNCER: Tonight, a Lynn Sherr investigation - why did Donald Scott die?' LYNN~ SHERR, ABC News: Do you believe there was marijuana on that property? Capt. WALDIE: Yes, Ii do: ANNOUNCER: But was that what the government really wanted? TIM RANIDA, Friend: They used that, as an excuse to take his property.. ANNOUNCER: How far will the government go to get what it wants? Mrs: SCOTT: Bang, bang, bang. My husband fell! down right in front of me. ANNOUNCER: "A Killing in Paradise."' Is this any way to live - rejected by yourr family, by your coworkers, even by friends?: SUSAN ALSOP: I've gotten threats to burn rny house downL ANNOUNCER': What~ crime have these people co mm'tted?'

1VIARTHA PERSKY, Smoker: I'm just a smoker. ANNOUNCER: Smokers - they're pariahs in the office- FRED PHILLIS, President. Connecticut Smokers Association: Ostracized, discriminated against. ANNOUNCER: -and there's nolescape at home. ART LEHNE, Smoker: "God, Grandpa, smokes," youlknow: "We got to keepithe kids out of the house." ANNOUNCER: Tonight, smokers come out of hiding to tell Hugh Downs their side of the story, how it feels being one of "A Dying Breed." Plus - we told you the story of this little girl. Her fate was ini the hands of the courts. Whose childl is she - the mother who gave birth and then gave her away, or the people who've raised her from birth7 Now, the stunning court decision- JAN DeBOER, Adoptive Father: You cannot subside the pain of having your heart torn out. ROBERTA DeBOER', Adoptive Mother: This is like a deathL ANNOUNCER: -and a last desperate response. ATTORNEY: We will file an appeal. ANNOUNCER: The final stage of this tangled, emotional battle - "I Want My Baby Back." Those stories tonight, Aprif 2nd, 1993, after this brief message. [Commercial break] ### WALTERS: Well, next, they call themselves the newest minority, and they don't like the way they're being treated one bit. [voice-over] We're talking about people who smoke. They bel'ievenon-smokerscan be hazardous toltheirhealth. Now they're f ghting back. Hugh's report in a moment. [Commercial break] A Dying Breed DOWNS: Well, it's banned in the White House, and jiust about every place else, it' seems. And if the inconvenience of finding a place to do it! is notenough to discourage smokers, there's also a proposal for higher taxes in cigarettes. Still, with all that going agaiinst smokers, the government issued a, surprising report yesterday. For the first time in 25 years, the percentage of Americans: who smoke leveled off, instead of dropping. Tens of millions of people are still lighting up on a regular basis, and if you're one of them, this story is for you.[voice-over] Are smokers a dying breed, or as they just regrouping? They're mysteriously vanishing, Once they traveled the country openly and freely. You'd see them oni airplanes, ride with them oni trains, even mix with them at the office. But now they're being forced underground. There's evidence they're

stilll among us, but they're increasingly-afraid to show themselves in public. SUSAN ALSO'P: I've gotten nasty Itatters. I've gotteni threats. I've gotten threatss to burni my house down; and I've gotten what some people would consider death threats. And it's all because I'm a smoker. DOWNS: Smokers have become outcasts, social pariahs. Youimight, even caPll them a dying breed'. And now there are new reports that suggest their second-handl smoke may be killing off the rest of us, too. As ai resuit, smokers have come to consider themselves the most persecuted minority. They say that their rights are diminishing, and that the attacks on them are increasing, both in number and viciousness. FRED PHILLIS, President, Connecticut Smokers Association: There was a point in the anrti-smoking campaign where it became an anti-smoker campaign, where we all started to feel, you know, deliberately ostraci¢ed„discrirninatedi against, even some very hateful kiinds of things. DOWNS: [voiice-overf It's gotteni so intense for srnokers that several turned us dbwn for interviews, fearing a backlash, fromi employers or family. Others asked. if we would not show their faces. Two-pack-a-day smoker "Jane Doe" felt more comfortable with a pseudbnym and dark glasses. She's already under attack on both work and social fronts. "JANE DOE." Smoker: I have been invited to parties where I've been told ahead of tiime that I~m welcome to smoke and!the smoking,sectibn is outside. And this:has been in the dead of winter. DOWNS: [Ivaice-over]I Pack-a-day smoker Art Lehne feels if other groups were • persecuted as openly as smoke,rs, there!dlbe an uproar. ART'LEHNE, Smoker: I'think you'd probably see demonstratnons downi in Washington that would scare the bejesus out of you. DOWNS: [voice-over] Lehne's day begins early with a long,commute to work. Now added to the usual workday stress is a new string,of frustrations. Before leaving New Haven, he used to enjoy a cigarette with his morning coffee, but, smoking, in: the station is now a thing of the past. He and his friends used too board a car set aside for smokers. That's gone, too. Mr. LEHNE: You can't smoke on the train, so we usually stand in front of the train door if we want, to get that one last cigarette in. DOWNS: [voice-over] They know once the train pulls out it's.a 90- minute journey, an eternity for addicted smokers. Allllalong,the route,,you see the sarnee thang - smokers getting in one last drag, oftien alone and sometimes ashamed. Mr. LEHNiE: It forces you into a defensive posture: You're more apt to cup it, okay, and try to socially hidb it. If'you're smoking a c'rgarette, you know, people will go like this in a stairwell. You know, they'llllgive you all that sort of stuff. And they say, "Oh, rny God, he's one of those," you know. That bothers me. Iit sticks in my craw a little bit. DOWNS'; [voice-over] So dbes the fact, that even once he reaches his Wall Street

office, he still can't light up. Mr. LEHNE: My building is a total non- smoking building. DOWNS: [voice-overjl Shut, out once again, he and other smokers gather in front of the building. Even in winter, they come down in shirtsleeves, interrupting their work pattern for a quick f x in the cold. It's a sight ever more common. Nearly 60 percent of U:S, companies ban smoking in, the workplace. At workday's end, Art's on the train back home, but eveni when he reaches the bosom of his faniily, there is no shelter from harassment. Mr. LEHNE: My son wasn't going to come to see me with his children, because, you know, "God, Grandpa smokes," you know. "We got to keep the kids out of the house." DOWNS: [voice-over] Does that make him want to quit? No, it just makes him nostalgic for the days his grandparents smoked into their 80's and 901s. Mr. LEHINE: They all smoked, and they all smoked non~-filter-type cigarettes, and they all' smokedi two packs a day. DOWNS: [ voice-over] Smokers like to recalf happier days when cigarettes danced,,whenTV stars smoked them and sold them- DICK VAN DYKE: But for filter and taste, Kent, satisfies best. MARY TYLER MOQRE: I'll accept that. DOWNS: [voice- over] -days when everyone seemed to be smoking everywhere. Now, instead of coddling from sponsors, TV delivers to smokers bludgeoning blurbs from publ ic health, officials, ANNOUNCER: [California Department of Health ad]',The cold war is over, yet one of the most threatening devices known to man is still being, manufactured right here iniAmerica. , DOWNS: [voiice-over]!, California Department of Health ads hammer home the dangers of second'rhand smoke. One ad says 14 Californians die each day from other people's smoking. What effect do ads like these have on smokers like I1Jlartha Persky?' MARTHA PERSKY, Smoker: Oh, iR's beeni devastating, absolutely devastating, because how do you- how do you answer someone who comes up to you and says,. "You're kidl'ing, babies"? 1' don't, know how to- how smokers can defend themselves, when it comes to that. DOWN'S: [voice-over] Already in retreat, smokers are most likely to come underr attack along that invisible border which separates non-smoking from smoking sections in public places like restaurants. Non-smokers have developed strategies to heighten smokers' discomfort. "JANE DOE": There's the unrelenting light cough, a l~ot' of that~ a, lbt of tsking. DOWNS: Tsking, yeah,

"JANE DOE"` Tsking and- mostly, though, people really come out and say, "This is disgusting." DOWNS: [voice-over]', Don't people have! a right to be disgusting in their own sections? Anti-smokers say no. Pnof. JOHN BANZHAF, Action on Smoking and Health: A nonsmoking section? There ain't, no such thing. Tobacco smoke drifts, it is recirculated. Would you allow asbestos particles to fall down in one room or in one-half of a room, and let people sit in another room or the other half of'the room? The answer obviously is noti. DOWNS: [voice-over] Law professor John Banzhaf runs ASH, Action on Smoking and Health. He predicts that by the year 2006 ssmoking will be outlawed i!n virtually alli pub.lic plhces. Prof. BANZHAF: We're : not trying to fbrce smokers noti to smoke. We're simply saying, "Don't smoke around rne."' DOVti%N'S: [Ivoice-over] Powerful politicall allies agree. From the White House to the big house, smokers are being banned and banished. Still, a half-tril'l'ion cigaretrtes are consumed each year in Americai and 25 percent of adult Americans still smoke. But a mushnoomingnumber of state laws are limiting where they can do: it. Even in tobacco industry strongholds like Kentucky„smokingis restricted in some state buildings. l~n Pennsylvania there's a proposalltio ban smokinc in: vour own car if there's a child under 15 aboard. Some 5fl1American cities already ban smoking in any public building, restaurants and even outdoor stadiums included - a nightmare come true for smokers like Fred Philllis. Mr. PHIILLIS: Think of any place where smoking could be banned, and there's somebody finding, some way to propose it. DOWNS'c [voice-over] It's getting,so that the out,of-doors may soonibecome the ondy safe haven for smokers, but "Jane" says she's been admonished even there by both stirangers and friends not afraid to be rude. "JANE DOE` . Rudeness withia real nasty edge to it, the ksnd~of things- when people do wag their index finger at you andl in loud voices, say, "'Don't, call me when you have lung cancer in, X number of years." Andithis has happened'to me many times. Not just me. And I~ that certainly puts a, damper on the evening, don't youi think? DOWNS: [voice- over] Unwanted elsewhere, smokers are stili welcomed with open arms in bars and nightclubs, their IMast stiand! against the smoke-stoppers. Bar owners say smokers are the biggest spenders, drinkers, and tippers. Than fits the smokers' image of themselves. Psychological studies give smokers a personality profile. They find smokers likely to be risk-taking, impulsive; def ant, extroverted~ driven, and depressed. They've got' one other trait~ too, of course. Prof. BANZHAF: They're addiictedL We recognize the problem. But being addicted doesn't give you the right to infliict that risk on an innocent third party:

DOWNS: [voice-over] Smokers say they don't, want to hurt anyone. They're just looking for peaceful coexistence. But for the moment, they are angry and organizing. Fredl Phillis heads the Connecticut Smokers Association. They say legislative assaults on smoking,raise serious personal-rights issues. Mr. PHILLIS: Where does it stop?1 mean, logically,there's no end to it. It's aniopen-ended transaction, once you start to limit personal behavior to meet someone else's ideal. DOWNS: [voice-over] Youi might wonder, ifirt's so tough for smokers these days, whv don't they try to quit? Surveys say three out of four smokers want to, but youican't, prove it in this room. Ms. PERSKY: If I wanted to quir, I would, but I'm a smoker. I'm 56 years old. I've smoked all rmv adulti llife. I'm just a smoker. DOWNS: [voice-over] How about the other smokers we talkeditio?'WelQ, "Jane" says the social pressure is getting to her. She'll quit inia year or so. Art Lehne says if cigarette taxes go much higher, he'll kick the habiti. If they do stop; there will likely be two more voices in the anti-smokingchorus, two more wet blankets on any happy smoking,crotivd. As any smoker is fond of telling,you„when it comes to abusive intolerance for the habit, there's nothing worse than an ex-smol:c*r: [on camera]I I should point out 11 . am an ex-smoker - it's been 35 years since my last cigaretrtie! - but I believe smokers have rights that Dwon't- don't like to see impinged on as long as they don't invade other people's environment, and headth. WALTERS: What; rights? DOWNS: They have a right to ingest whatever chemical into their body they want to. WALTERS': Provided they're doing it walking or- DOWNS: And I'd hate to see a drift toward- toward making it, iillegal or something. That would be- only create crimeiand'high taxes would create:a1black market, and D don't like.to see that. WALTERS: It's interesting, that report that came out that for the first time in 25 years, smoking is not on the decrease- DOWNS: Iit's leveled off. WALTER'S: -and it seems to be people of lower income levels, it says, who are smoking. DOWNS: I think it's a function of poverty, at least in part,because tihat's an escape, to start with a drug; and nicotine's ai drug. WALTERS: Welli, next, we're going to talk about the little girl that altnost evervone is talking about, Thisweek the courts have finally decided her fate - the dramatic follow-up to our heart- breaking story, "I Want My Baby Back," right after this.

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