Sioux Falls reverses COVID vaccine mandate for health workers following federal court ruling

Nurses, doctors and other public health employees on the city of Sioux Falls' payroll won't have to get a COVID-19 shot after all.

At least for now.

Earlier this month, staff with the Sioux Falls Health Department were alerted by Mayor Paul TenHaken's administration they had 30 days to get vaccinated against the pandemic-inducing coronavirus.

But that contradicted an order from Gov. Kristi Noem barring governments in the state from issuing vaccine mandates.

The city found itself stuck between Noem and a federal vaccine mandate issued by the Biden administration through the Centers for Medicare and Medicaid Services. That mandate required vaccination for health care workers in facilities that receive federal health care dollars.

But the federal mandate was blocked Monday by a U.S. District Court judge in 10 states, including South Dakota, who said the mandate had overreached federal authority.

More: Federal judge blocks Biden vaccine mandate for health care workers in South Dakota, 9 other states

"In light of the ruling ... from the federal judge out of the Eastern District of Missouri, the city is suspending implementation of the CMS Omnibus COVID-19 Healthcare Staff Vaccination Interim Final Rule for employees in the Public Health Department," Sioux Falls Human Resources Director Bill O'Toole told the Argus Leader in an email. "Employees were advised earlier today."

South Dakota joined nine other states in bringing a legal challenge to the regulations issued by CMS in early November, which U.S. District Judge Matthew Schelp opined were out of bounds because the federal agency did not first get Congressional approval. That CMS didn't follow typical public comment standards also factored into the ruling.

The decision does not bar hospitals, clinics and other healthcare providers in South Dakota from requiring its workers to get vaccinated. However, an executive order signed by Noem earlier this year stipulated that "no local government ... should require an individual" to prove they're vaccinated in order to "enter government premises, receive a local government benefit, license or do business with that government."

The city of Sioux Falls is the only local government in South Dakota that operates its own health clinic and receives millions in federal Medicaid and Medicare reimbursements each year.

Should the Monday ruling be reversed on appeal, the city could again alter course.

"We will continue to assess and evaluate as this moves through the courts," O'Toole said.

This article originally appeared on Sioux Falls Argus Leader: Sioux Falls about-face on COVID vaccine mandate after judge's ruling