An elementary school in Frisco, Texas is believed to be the first in the state to violate “The Merry Christmas Law” after they banned Christmas trees and the colors red & green from an upcoming “winter” party.

Boys and girls who attend the Nichols Elementary School “Winter Party” will not be able to make any reference to Christmas or any other religious holiday. Christmas trees are also banned – along with the colors red and green.

The rules were sent to parents in an email from the school’s PTA and first reported on by MyFoxDFW.com.

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Ironically, the school is located in the district of state Rep. Pat Fallon, the author of a bill signed into law in June that codifies the fact that students and staff are permitted to discuss winter holidays as they please.

Fallon tells me he was alerted by an angry parent.

“When Gov. Perry signed ‘The Merry Christmas Bill,’ clearly that didn’t solve the issue,” he said. “The battle rages on. It’s distressing.”

The school district released a statement to MyFoxDFW.com noting:

“The school was unaware of this and it was not an official PTA correspondence either. There have never been any limitations on what students wear, what they bring to share with their classmates on party days … what greetings people exchange with each other.”

But Fallon said contrary to the school district’s statement, the ban remains in place. He also said he spoke to the superintendent and learned that the school district was letting principals set their own policies regarding holiday celebrations.

“That leads to confusion, misinterpretation and flaunting of the law,” he said.

Fallon said the ban on Christmas trees and traditional holiday colors remains in place and calls it “unnecessary, inappropriate, and quite frankly draconian in nature.”

However, after a meeting between the principal and the PTA, the school decided to keep the draconian rules in place.

“She [the principal] said they didn’t want to offend any families and since each family donates money they feel this is the best policy,” read an email sent to the lawmaker.

What about all the families who might be offended by not being able to call Christmas, Christmas?

“I feel like my calling in life is to protect the students, parents and teachers,” Fallon said. “They have a constitutional right to express themselves. They have freedom of religion.”

Fallon fired off a letter to every school official in the district, reminding them of their yuletide rights under the law.

“Texas law clearly permits Christmas-themed celebrations, events and displays,” Fallon wrote. “The district may also display scenes or symbols with traditional winter holidays (e.g. nativity scenes, Christmas trees, menorahs, etc.)”

The lawmaker said he was shocked at the number of calls his office has received from nervous teachers and principals – wondering what they could and could not do.

“One teacher wanted to do ‘Elf on a Shelf’ and she thought she would get in trouble,” Fallon told me.

So this is what it’s come to, America. You’ve got college-educated teacher terrified to put a toy elf on the shelf because she might get sued by the ACLU or some other left wing anti-Christmas group.

Unfortunately, there are no criminal penalties for violating “The Merry Christmas Law.” Perhaps Rep. Fallon could offer an amendment? In lieu of jail time, violators would be subjected to a lump of coal on Christmas Day.