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Edwin S. Tobolowsky, 86, Dallas lawyer was champion of drive-in movie and independent theater operators

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Aug 18, 2006, 12:40:39 AM8/18/06
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Edwin S. Tobolowsky: Lawyer fought to make movies accessible

Saturday, August 5, 2006
By JOE SIMNACHER / The Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/dn/obituaries/stories/DN-tobolowskyob_02met.ART.North.Edition1.253b7e3.html

http://www.dallasnews.com/sharedcontent/dws/img/08-06/0801tobolowsky.jpg

Edwin S. Tobolowsky, a Dallas lawyer for more than 50 years,
successfully challenged Dallas' movie classification ordinance before
the highest court in the land.

He developed a national reputation as the champion of drive-in movie
and independent theater operators. His work set legal precedents still
relevant today.

He was also active in civic and charitable causes. His other
activities included serving as acting commissioner for the short-lived
National Bowling League and as an executive producer for two films
that won Golden Turkey Awards.

Mr. Tobolowsky, 86, died Saturday of natural causes at UT Southwestern
Medical Center. .

A memorial service was Tuesday at Temple Emanu-El. He will be buried
in a private ceremony at Temple Emanu-El Cemetery.

"He was the troublemaker for all the big companies," said his son Mark
Tobey, an Austin lawyer.

Motion-picture distribution companies and big exhibitors often joined
forces, making it hard for independent theater operators, Mr. Tobey said.

Mr. Tobolowsky liked to note that he represented the independent
theater owners in cases against Hollywood.

"If I wasn't around, the studios and distributors would treat the
independents badly, and they would have a harder time staying in
business," he said in 1986. "I'm the ant at the picnic."

Mr. Tobolowsky fought censorship after Dallas enacted a movie review
board that screened movies and assigned a city rating.

"They didn't articulate any particular standards," Mr. Tobey said.
"The ratings they gave movies seemed to be rather arbitrary. That was
the basis of the challenge to the [U.S.] Supreme Court, and they
ultimately were successful."

Mr. Tobolowsky and Grover Hartt Jr. represented theater owners in
challenging the board. In its 1968 ruling, the Supreme Court said the
standards of the Dallas ordinance were unconstitutionally vague.

Born in Dallas, Mr. Tobolowsky was a 1937 graduate of Forest Avenue
High School, now James Madison High School.

He attended the University of Texas at Austin and earned a law degree
from Southern Methodist University in 1943.

Mr. Tobolowsky started his practice in Dallas, where he was an
apprentice to L.M. "Mike" Rice, who had represented independent
theater owners since 1925.

When Mr. Rice was killed in a 1952 car-train accident, Mr. Tobolowsky
took over the practice, his family said. Much of Mr. Tobolowsky's
legal work was anti-trust litigation seeking to win access to
first-run movies for independent and drive-in theater owners.

Mr. Tobolowsky was involved in community affairs. He served at least
two terms as president of what is now Golden Acres: the Dallas Home
for the Jewish Aged. He was president of the Variety Club's Tent 17 in
Dallas and held several offices with the Texas Drive In Theater Owners
Association.

In 1962, he was acting commissioner for the National Bowling League's
first season. The Dallas Broncos, based at the Bronco Bowl,
represented the city in the short-lived professional league, Mr. Tobey
said.

His work with the bowling league grew out of his work with theaters.
Many of the small-theater owners also owned bowling alleys.

Mr. Tobolowsky was a mentor to many lawyers, said his daughter Emily
Tobolowsky, a Dallas lawyer.

"He was someone who had such zest for life," Ms. Tobolowsky said. "He
loved being a lawyer. He loved getting up every day and looked forward
to going to the office."

Mr. Tobolowsky was an executive producer for Azalea Films, which made
such films as Mars Needs Women and Zontar, the Thing From Venus.

"Two of his movies won Golden Turkey Awards, which are like the worst
movies ever made," his daughter said.

In addition to his son and daughter, Mr. Tobolowsky is survived by his
wife, Shirley Tobolowsky of Dallas, and two grandchildren.

Memorials may be made to Golden Acres, 2525 Centerville Road, Dallas,
Texas 75228; the Variety Club Children's Charity, 3102 Oak Lawn Ave.,
Suite 700, Dallas, Texas 75219; or a charity of choice.

--
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