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METRO Magazine March/April 1989 pp.18 - 21 Court Rules On Wheelchair Accessibility U.S. Court of Appeals orders that all new transit buses be wheelchair lift-equipped and paratransit service provided. by Jason Knott (This story continues through 484, 471, 470, 465, and 466. However, the entire text of the story is included here for ease of reading.) DRAWING: A large balance scale with a bowl hanging from each side of the balance. One bowl has the acronym APTA in it, the other has ADAPT. QUOTE below the picture: “I don’t think the government should mandate installation of lifts. It can become expensive for the smaller transit properties." —Davis There are more than 40 million disabled Americans and an estimated 67 percent of them are unemployed, according to the National Easter Seal Society. Meanwhile, a recent Harris poll revealed that three out of every 10 disabled persons say they cannot work because of a lack of accessible transportation. Moreover, the same poll shows that 49 percent of the disabled believe their mobility is limited because of transportation barriers. These statistics confirm that public transit accessibility is an important ingredient to mainstreaming the handicapped into society. On the flip side of the coin are the public transit authorities who are in the business of transporting ambulatory, as well as handicapped, persons in the most economical method possible. It would seem that the handicapped, who depend on public transit, would be natural constituents of transit agencies; however, the two groups have been at odds for years, grappling with each other over the accessibility of service. In particular one handicapped rights group — ADAPT (Americans Disabled for Accessible Public Transit) — has been fighting with public transit across the nation. ADAPT wants every fixed route transit bus equipped with a wheelchair lift. In order to express its point, the group conducts disruptive protests at conferences held by the American Public Transit Association (APTA). (See September/October 1988 METRO Magazine, “When Rights Clash," page 79) Today, disabled Americans can chalk up a victory in their constant battle for a broader distribution of handicapped-accessible transit service. On February 13, a federal appeals court ordered the U.S. Department of Transportation to require transit authorities to equip all newly purchased buses with wheelchair lifts. The 3rd Circuit Court of Appeals in Philadelphia also determined the 3 percent cap placed on transit agencies for handicapped expenditures was too low in the case entitled “ADAPT vs. Burnley." Wade Blank. director of ADAPT, applauded the court decision, saying the ruling is significant in the sense it is "evolutionary." Blank said, "We are now getting back to where we were in 1978. When we filed originally, we targeted the 3 percent cap. We decided to broaden the case because the climate in the country has changed. We talked with our attorneys and they broadened it to include the original intent of Section 504, and to really challenge the 1980 case that APTA brought. We are victorious because of a major mood change in the country regarding handicap accessibility." Blank cited two other recent rulings in Detroit and Chicago favoring handicapped accessibility. The Philadelphia ruling is in conflict with APTA's official policy, which was spelled out in a position paper reissued in October 1988. The association favors the local-option approach by which each local transit authority determines its own handicapped transportation policy. APTA's Board of Directors recently rejected a similar proposal calling for all new transit buses to be lift-equipped, according to Albert Engelken, deputy executive director. In other words, APTA believes that each local transit authority should create its own balance between demand response - or dial-a-ride — service, and fixed route accessibility. “It is very important that people realize that APTA is not against wheelchairs on transit buses," said Engelken, “rather, we are for local decision. The board of directors unanimously supports this approach. Every transit system makes their decision after in-depth consultation with the local disabled community. They are not making their decisions blindly." What next? The Department of Transportation is currently exploring its options, which include seeking a rehearing by the appeals court, appealing the-decision to the U.S. Supreme Court, or accepting the ruling. Michael Jacobson, spokesman for the DOT, could not give an estimate on when a decision might be made. An appeal is possible despite President Bush's recent campaign commitment to handicapped programs. Whether the decision will affect bus procurements that are currently - underway is unclear. Jack R. Gilstrap, APTA's executive vice president, issued the following statement concerning the ruling: “Because of the cost impact of the decision which requires lifts on all new buses plus paratransit service, and because it is inconsistent with other court decisions which create conflicting obligations on the part of the DOT and local public transit systems, APTA is urging DOT to challenge the decision." “Obviously this decision is extremely important," said Charles Cowie, national sales manager for Mobile Tech Corporation, a Hutchinson, Kansas-based manufacturer of wheelchair lifts for transit buses. “The objective is to make accessibility and mobility easier for the disabled, but to some, the decision favors a sector of the populous that is not altogether popular." “In a philosophical sense, the ruling is great," said Bill Hinze, National Sales Manager for Ricon, a dedicated lift manufacturer in Sun Valley, Calif. “It’s like a mandate for racial integration — it should have been done years ago." However, Hinze indicated he is still an advocate of demand response systems. “I don't think the government should mandate installation of lifts," said Bob Davis, vice president of Bus Manufacturing USA, a Goleta, Calif.-based distributor of semi-automatic lifts. “It can become expensive for the smaller transit agencies." The court also ruled that the current 3 percent cap on handicapped spending was insufficient; however, many agencies were already spending a higher percentage. In fact, in California and state law already requires all newly purchased transit buses to be equipped with wheelchair lifts. “Other states were already adhering to a similar policy, although it is not written in law," said Don Smith, director of marketing for Lift-U, Inc. in Escalon, Calif. According to Engelken of APTA, an average of 6 percent of transit expenditures are directed toward improving handicapped transportation already — double the required limit. Moreover, an APTA survey indicates that 31 percent of all transit vehicles are lift equipped, with the number steadily rising. The court decision comes in the wake of several different movements toward the improvement of handicapped accessibility to public transit. [Subheading] Project ACTION As part of the APTA’s Elderly and Disabled Task Force, a three-year Congressional program called “Project ACTION" (Accessible Community Transportation In Our Nation) will soon establish six demonstration sites nationwide to study handicapped transit accessibility. The National Easter Seal Society is conducting the three-year, $3 million undertaking. Congress has earmarked $1 million in fiscal year 1988 UMTA research and technical assistance funds to initiate the project, and an additional $1.35 million in fiscal year 1989. Project ACTION is designed to improve access to transit services for the handicapped. It will involve national and local organizations representing public transit operators, the transit industry, and people with disabilities in the development of a cooperative model program promoting greater access to transportation. Project ACTION is the result of a mandate from Congress to find ways to better accommodate the transportation needs of people with disabilities. The program will focus on five key concerns of people with disabilities and local transit operators seeking to improve transit: * Identifying persons with disabilities in the community. * Developing effective outreach and marketing strategies. * Developing training programs for transit riders. * Developing assistive programs for people with disabilities. * Applying appropriate technology to solve critical barriers to transportation and accessibility. “APTA’s task force is examining numerous areas to improve handicapped transportation," said Engelken. “We are looking at how to improve the marketing of service and we are struggling with the wrenching problem that exists in that area. "We have to make sure that people are riding the buses,” added Engelken. “If we don't, then the federal and state government are going to say that transit agencies are spending their money unwisely.” [Subheading] Operating costs The court decision also comes at a time when some transit agencies are lowering their wheelchair lift operating costs. In fact, figures released by ADAPT, claim that Seattle Metro operating costs were $3.13 per lift in 1987, with a reliability rate of more than 98 percent. In comparison, the Bay Area Regional Transit Association cited operating costs of $118.55 per trip for wheelchair lift-equipped transit buses among the several different transit authorities operating in the region. This disparity is due to widely different methodologies for calculating costs, a condition that has led to an absence of reliable nation-wide data. Tim Cook, director for the National Disabilities Action Center in Washington, D.C. and the attorney representing ADAPT in court, said, “I’m not sure accurate figures exist because it varies from system to system. National figures are meaningless because many systems haven't made a decision to make a commitment to accessibility." “Every property has it differently organized. Some agencies will designate one mechanic to maintain 75 to 100 lifts," said Smith of Lift-U, “But it really depends on how committed the maintenance director or general manager is to wheelchair lifts." [Subheading] Technology Mobile Tech and Lift-U manufacture electro-hydraulic passive wheelchair lifts for the transit industry. These lifts do not require the driver to leave his seat to operate the device. Ricon is a leading manufacturer of dedicated lifts, which are common on paratransit vehicles. These lifts are ideal for the handicapped, but cannot be used by ambulatory passengers. The lift does not utilize hydraulics. Another lift on the market is the AMF Hubmatik swivel-lift manufactured in West Germany. The lift is marketed in the U.S. by Bus Manufacturing USA and Ortho Safe Systems in Trenton, N.J. The semi-automatic, electro-hydraulic lift requires the driver to swivel the unit out the door for boarding and departure. It is currently in use by Sun Line Transit Agency in Thousand Palms, Calif. Due to constant R & D by the manufacturers, lift technology is dynamically improving. According to Smith, future innovations in passive lift technology will include state-of-the-art circuit boards, LED's and microchips. Cowie of Mobile-Tech predicted a 180 degree turn in technology within the next two years. Hinze indicated his company is developing a lift that can be utilized by both handicapped and ambulatory passengers and reduce maintenance costs by up to 10 percent. The court ruling does not touch upon rail accessibility at all. Installation of wayside wheelchair lifts for rail systems has not been as active as bus development. According to Smith, some transit agencies have requested lifts be designed for installation on the railcars themselves; however, because of the small demand, this is not profitable for passive lift manufacturers. More R & D is necessary on the shock and vibration of railcars to produce a passive lift that can withstand that environment. However, San Diego Trolley has been using on-board lifts for three years, and recently ordered 41 more units according to Hinze of Ricon. This onboard lift eliminates the problem of railcar operators “spotting” their stops for wayside lift access. The ruling could also mean increased specification of wheelchair restraint systems such as the one manufactured by Q'Straint in Buffalo, N.Y. The system consists of four stainless steel floor plates mounted flush with the floor. Four belts, two in front and two in the rear, and a shoulder harness and lap belt secure the rider. [Subheading] Solving the problem Despite the jubilation one might expect among wheelchair manufacturers, many seem to believe a mixture of demand response service along with fixed route wheelchair service is the ultimate solution to transporting the disabled and elderly. "The degree of demand response versus fixed route service should be a local decision," Cowie said. “It is important to mainstream the handicapped in the bigger cities through fixed route service; however, demand response is good in rural areas." These thoughts were echoed somewhat by Smith, who is a member of APTA’s Elderly and Disabled Services Task Force. "There should definitely be a mixture of services," he said. “[The government] can't dictate how every community should handle this problem. Some communities have spent a lot of money of their dial-a-ride service. You need to have a local option. “Another solution," continues Smith, "might be to make fixed route service fully accessible and let another organization — outside the realm of public transit — take care of special needs or demand response service." He believes the transportation problems of the elderly and the disabled should be handled separately. the end of article BOXED TEXT next to main article: [Heading] The Long Road To Wheelchair Accessibility A federal appeals court has ordered the U.S. Department of Transportation to require transit authorities to equip new buses with wheelchair lifts, and provide public transport for riders unable to use lift-equipped buses. Attorneys who brought the lawsuit called it the most important decision ever handed down for handicapped people needing public transportation. The decision, in the U.S. 3rd Circuit Court of Appeals was, 2-1. “We conclude that ordering that newly purchased buses be accessible to the mobility disabled does not exact a fundamental alteration to the nature of mass transportation," Judge Carol Mansmann wrote in the majority opinion. “Also, by requiring that newly purchased buses be accessible, we are not imposing undue financial or administrative burdens on the local transit authorities." In the dissenting opinion, Judge Morton I. Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing a paratransit system. Timothy M. Cook, director of the National Disability Action Center, argued the case before the appeals court and called the decision, “a major, major victory for the handicapped community. We can't say enough positive things about it.” Cook expressed hope that the ruling would not be appealed in light of President Bush's recent comments about his desire to bring the handicapped into the mainstream. The Transportation Department had appealed an earlier decision by U.S. District Judge Marvin Katz in Philadelphia that canceled a 1986 department regulation calling for mass-transit authorities to spend up to 3 percent of their operating budgets on providing services for the handicapped. In his decision, Katz called the 3 percent requirement unreasonable, but ruled the department must resolve differences between equality for the handicapped and cost efficiency. Americans Disabled for Accessible Public Transportation (ADAPT) appealed Katz's simultaneous ruling that upheld the right of transit authorities to decide whether to fit vehicles for the handicapped or provide other services. The appeals court ruling affirmed Katz's decision in favor of dropping the 3 percent provision, but it reversed his other decision by ordering transit authorities to equip new buses with chair lifts or other accommodations for the handicapped.
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FRI. SEPTEMBER 29, 1989 The Atlanta Journal and Constitution [Headline] ADAPT: ‘Militant Group' Takes on the Mainstream Disabled Protesters Tired of ‘Lousy Way to Live’ By Pat Burson, staff writer Sallie Bach said she used to look at people with disabilities “like they were nothing.“ “When you're able to walk, you see people like this and you stand up and laugh at them. l know. l did it," said the 50-year-old Chicago woman, a waitress for 21 years until she became physically disabled after jumping from a third-floor window to escape an apartment fire. “l know what it feels like now," she said. “Now I understand.“ Ms. Bach joined more than 100 other disabled and non-disabled people who are members of American Disabled for Accessible Transportation, or ADAPT, as they blockaded a federal office tower and the Greyhound bus station in Atlanta this week to call attention to their demands that wheelchair lifts be installed on all new buses purchased with federal dollars. ADAPT, based in Denver, promotes non discriminatory, mainline public transit system that are accessible to people who use wheelchairs. This week's protests were planned to coincide with the American Public Transit Association‘s (APTA) annual convention ADAPT has held similar protests in Denver, San Francisco, Cincinnati and Montreal, trying to persuade APTA members to support total accessibility of public transit systems. The transit group and ADAPT differ on the federal government's role in mandating access to public transportation. APTA agrees that transit systems should make their buses and trains accessible, but the group believes local government not Washington, should decide. Whether or not members of the disabled community agree with ADAPT's more radical tactics, they applaud its members unceasing demand for access. “They are a militant group, and l think their militancy had been imposed upon them," said Jay W. Brill, a longtime activist for disability rights and manager of the Initiative on Technology, Disability and Post-Secondary Education at the American Council on Education in Washington. "There's a point where the community [of disabled people] becomes so frustrated with transit authorities, and a door opens wide for ADAPT," said Mr.Brill. ADAPT founder Wade E. Blank, a 48-year-old minister with shoulder-length blond hair, said he got the idea to start the group when he worked as a nursing home orderly. "l said to myself, 'What a lousy way to live your life," he said Wednesday, standing behind a police barricade as 25 fellow protesters at the Greyhound station were loaded onto a lift-equipped bus by police. Co-founder Michael Auberger describes ADAPT as “a fringe group‘ that has become mainstream." “It attracts the person who has been within the system and tired of it and the person who is locked out of the system,... somebody who's really disabled, on a fixed income and needs to use public transportation." The organization, formed in 1983, has about 1,800 members and 33 local chapters. As protesters tried to close down the Richard B. Russell Federal Building this week, linking arms and wheelchairs at the tower's main doors and elevators, some compared the demonstration to those during the civil rights movement of a quarter-century ago. "The civil rights movement started because of busing" said Jerry Eubanks, a 31-year-old-dispatcher for the Chicago Sanitation Department, whose legs were amputated below the knee after a train accident. “We just want the right to ride the bus."
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Handicapped Coloradan [Headline] These are the people who chased APTA George Florum, 47, of Colorado Springs, is a T3 para who fell out of a cherrypicker. He went to work for Atlantis and became involved with ADAPT in April of 1985. Florum has been arrested between 15 and 20 times on charges ranging from instigating a riot, blocking entrances, and chaining himself to doors and buses. "I think the disability movement has really grown," Florum said, "In April of '85 in San Antonio 15 people were willing to be arrested. Now people are standing up for their rights, and I think it's great." Joe Carle, 51, of Dallas, is a single amputee with artery problems. "I was the first to go through the training seminar," Carle said. "The second big seminar was to take on McDonald’s. Now, transportation is fairly won, but access will be a continuing battle. The disability movement can go anywhere." Rick James, 39, had encephalitis when he was two years old. Five years ago he was one of 20 people who did a "crawl on" on a bus, and three weeks later he was part of a group that got together and blocked a bus. “We will get ADA passed," James said, "and then take on any issues we feel necessary, such as health care, attendant care, the Greyhound company, housing - any of a number of issues." Cathy Thomas, 60, of Irving, Tex., has spina bifida and became involved with ADAPT - when a disability group she belonged to that was trying to get accessible transportation in Dallas asked ADAPT for help. She says, “At this point rights for disabled people are inevitable, We want to get as many buses accessible as possible. If President Bush is sincere in wanting to mainstream people with disabilities, then it's time he took the first step in getting us accessible transportation so we, too, can pursue the American dream." Rhonda Lester of Denver is the mother of Kenny Perkins, 5, who was refused access to an RTD bus in October 1987. “They viewed Kenny as a baby because of his chair," Lester said. “They wanted to board him separately from his chair-in other words, he was to be carried on. So I called Wade Blank on a Thursday and on Friday help came. Larry, George, Ken, ET and Julie blocked a bus. They let us on, we changed the policy, and I was allowed to attend a training meeting." When asked if there has been a lot of resistance to Kenny, Lester said, "Oh, yeah. People see one of ‘Jerry's Kids,' not the wheelchair I hope our actions and civil disobedience help to get full integration for my son." As to the controversial issue of children in the disability rights movement, Lester said, "As the mother of a disabled son, I feel that no one has a bigger right than myself to fight for my son's rights, although there are some who would disagree very strongly with this view. "Children need to be in the movement because it is for the children . . .the ultimate goal.” THANK YOU, ADAPT A poem by Rhonda Lester There is a little boy Very close to my heart Who is a bit different But handsome and smart. Strangers who meet him Can't get past the chair, But he goes on bravely, Not seeming to care. He's strong and he's tough- He almost has to be- But he is one of the warriors Who wants to be free. We are always standing by you, For our fight is real. We wanted you to know How grateful we feel. So thank you all clearly For all that you've done For the movement, myself, And my son. All photos in this issue by Bob Conrad. PHOTO: of George Florum looking to the side in an "ADAPT or perish" t-shirt. His dark hair is short and a trim beard and mustache outline his mouth and jaw. He looks fit and determined. PHOTO: George Cooper, an older man in a wheelchair blocks a doorway partially with another person in a manual wheelchair. Walking bureaucrats, some with badges stand behind them looking as though they want to get through. George is speaking with a woman who is looking down toward the floor. Caption: George Cooper of Dallas occupies the Federal Building. PHOTO: A small person in a manual wheelchair being pushed by a woman behind, sits at one end of some police barricades while a man in a manual chair sits at the other end. Behind the barricades a ways off is a line of police standing together. Caption: At the barricades. PHOTO: A group of people in wheelchairs is gathered at one side of the picture, a woman in a wheelchair at the back of the group holds high the ADAPT flag. Beneath it you can see Lincoln Blank and a few other protesters are clustered on the other side. The group seems to be at the entrance of a hotel type building. Caption: A large flag is unfurled.
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PHOTO: by Tom Olin. A long, single-file line of ADAPT marchers is headed by Lee Jackson (left), Bob Kafka (center), and Terri Fowler (right) being pushed by some one. Lee and Bob have on different ADAPT no steps logo T-shirts. Behind Bob someone is carrying the ADAPT flag, behind that person you can see Claude Holcomb, and a few more people back you can see Wade pushing someone (Paulette Patterson?). They are marching down the street (in front of the Russell Federal Building in Atlanta) A TV cameraman is standing on the sidewalk filming the march, and near him two people in wheelchairs and another person are on the sidewalk.
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The Handicapped Coloradan / Page 15 & 16 [This article continues in ADAPT 1786, but has been completely included here for easier reading.] Title: "If heaven isn't accessible God had better Watch out!" Photo: Waist up picture of Wade Blank with his below shoulder length blonde hair and round tinted glasses. He is smiling and wearing a vest. Caption reads: Wade Blank ADAPT founder dies in Mexico. Wade Blank went down to Baja, California, in February and drowned there trying to save his eight year old son Lincoln. He was there vacationing with his family. The money for the trip came from Wade’s share of a legal settlement in San Francisco when bad guys violated the civil rights of ADAPT demonstrators. He couldn't afford that kind of trip on his own. He never made more than $16,000 in his life. Lincoln was in the water swimming. An undertow got him and Wade went in after him. He had to know there was very little chance either one would survive. Some fisherman from a nearby village fished Wade’ s body from the water. His wife Molly brought his body home and they covered the coffin with an American flag. Only the stars on this flag formed a wheelchair. Lincoln’s body was never recovered. A few days before he left on that vacation, I told him to skip Baja and its treacherous waters for the calmer seas off Mexico’s Yucatan Peninsula. Wade said he’d think about it but we both knew he wouldn’t alter his plans. Wade Blank liked to be where the action was. Many of the 1100 people who filled the ballroom at the Radisson Hotel on Sunday, Feb. 21, to say goodbye to their fallen comrade had accompanied him into battle. “If heaven isn’t accessible,” one of them warned, “God better watch out!” Wade founded the Atlantis Community in 1975 when he helped several disabled people move out of a nursing home and into their own apartments. Then he went on to help organize protests against RTD for not having wheelchairs lifts on its buses, a move that later led to the creation of ADAPT, which then stood for American Disabled for Accessible Public Transit (“The hard part is getting the acronym right,” he told me at the time.) I asked Tom Olin who was going to replace Wade. “No one,” he said. “Wade was into empowering disabled people. It’s a tribute to him that we’ll just keep on going.” Maybe. But it won’t be the same. People like Wade Blank don't come along very often. A writer for Westward once called Wade the nearest thing to a saint he had ever met. But Wade wasn’t perfect. After all, he was a Cleveland Browns’ fan. He had it so bad that on game day he’d call home to his folks in Ohio and have them put the phone next to the radio. He was president of the Cleveland Browns Fans in Exile Club. A small part of him died when Elway found Jackson in the end zone in the 1987 AFC Championship game. He was a devoted father who had a vasectomy reversed after he married Molly. He called me soon after the operation and bitched about having to lie still to prevent the tubes from severing again. It was the only time I knew him to stay still. The time spent was worth it. He loved Lincoln and Caitlan just as he loved Heather, his adopted daughter. He instilled in them special values. A neighbor recalled a time when she came home and observed Lincoln in front of his house directing some other kids. They weren't playing cowboy and Indian or war or any of the usual childhood games. They were playing rally. “All right,” Lincoln said. “United we stand, never apart.” Wade was a Presbyterian minister whose language would make a coal miner blush. I quoted him a lot on these pages over the past ten years or so but I never quoted him accurately. He used four letter words the way other people use punctuation. Someone made a TV movie about the events at Heritage Nursing Home and Wade said it was close to the truth. But the actor who played Wade didn’t quite capture his style. Wade wore his hair long and looked a little like a construction worker who took a wrong tum back in the 1960s. He once asked me if I wore ties. “I own one,” I said. “It keeps my sleeping bag rolled up.” He liked that. He hated ties. At the memorial service, those few men who showed up wearing ties were asked to remove them—out of respect. By then I owned a real tie. You can‘t go to a funeral in my small hometown without one. I left it at home for Wade. He didn’t have the eloquence of a Martin Luther King. He didn't need it. He wasn’t interested in grabbing the spotlight for himself. He taught his friends that their wheelchairs were a weapon and if they used them right, the whole world would take notice. RTD took notice. Denver became one of the first cities in the U.S. to adopt accessible public transit. Wade helped carry that message to countless other cities. He showed people how they could make a statement by going to jail and then he went out and raised the bail money. Eventually, in a parking lot in Atlanta, the feds gave in. Accessible public transit would be the law of the land. Wade wasn’t about to rest on his laurels. He turned his attention to an earlier cause. ADAPT changed the acronym to American Disabled for Attendant Programs Today and took on the nursing home industry. Wade knew that the disabled warriors who took on the federal government over accessible transit and got themselves arrested scores of times were strong enough to live in their own homes. He vowed to force the federal government to take money away from the nursing homes and make that dream a reality. That battle goes on. His friends at ADAPT are planning a memorial service in his honor in Washington, D.C. this May. At the same time, they’re going to make sure Bill Clinton honors his promises to provide funds for such attendant care. It's a fitting memorial but you can find plenty of monuments to Wade Blank in this country. There one at every street comer where there’s a curb cut and one on every bus equipped with a lift. And every time someone who is exploited because of a physical disability raises a fist in defiance and fights for his or her freedom and humanity, you’ll see Wade’s image in their eyes and his dream in their hearts. So long, Wade. If it’s really heaven, there won’t be a dress code. Written by Tom Schantz