A judge has ruled that Utah's lengthy waiting list for disabled residents seeking aid does not violate federal law, and rejected a request that he order the state to come up with a plan to provide help "at a reasonable rate."

In a decision made public Wednesday, U.S. District Judge Dale Kimball said the disabled Utahns who sued the state failed to show they are at imminent risk of institutionalization because of a lack of support services. Compelling the Division of Services for People with Disabilities (DSPD) to serve everyone on the list - approximately 1,750 Utahns - "constitutes an impermissible request for accommodation that would interfere with a comprehensive, effectively working process," the judge said in a written order.

Kimball, while expressing sympathy for the disabled Utahns and their families, noted DSPD would need at least $8 million more each year to provide immediate help to all on the list. The division has a budget of approximately $167 million and served about 4,250 people last year.

Marialice Nielson, who is 73 years old and one of the plaintiffs, said the decision "breaks my heart."

In a statement, she said: "We have been waiting for almost 14 years for services for my son, who has epilepsy and mild mental retardation. Why is it so hard for DSPD to understand that they need to support families before there is a crisis?"

The Disability Law Center, which filed the suit, said $8.4 million from the state to fund the list would have generated a federal match of $21.42 million, created jobs and generated new taxes paid.

The ruling coincided with the final day of a bitter legislative session for disabled rights advocates, who wound up with $2.6 million. That's less than Gov. Jon Huntsman Jr. asked for in his budget; enough to move about 200 people or more off the waiting list.

Though disappointed by the ruling, Disability Law Center director Fraser Nelson believes the suit increased public awareness.

"What we're seeking to have answered is what's the plan? How are we going to meet this need? The need still exists," said Nelson.

DSPD director George Kelner said the ruling was a "win" for the state. The lawsuit required "a lot of money; unfortunately, money that could have been spent developing solutions," said Kelner.

Nelson said she has nothing but respect for Kelner and his staff, but had to use "every venue" as the state's legal voice for disabled Utahns.

"We went to the court and the court basically said, it's a political process," said Nelson. "A key component of that is funding. But the Legislature is not convinced to fund something it can't get its arms around."

Kelner said he has a plan of attack for reaching more disabled Utahns with less money, but would not elaborate.

One bright spot: Lawmakers have passed a bill funding a two-year pilot project that will place 200 developmentally disabled Utahns in jobs with help, such as job coaches.

The Salt Lake City-based law center filed its class-action lawsuit in 2002, claiming the list required Utahns to wait so long for services that it violated the federal Americans With Disabilities Act and the Rehabilitation Act.

State officials said those in the greatest need are served first, and budget limitations make it impossible to eliminate the wait. A four-day nonjury trial was held in January before Kimball.

kstewart@sltrib.com

pmanson@sltrib.com