Barging at the boat

Facts found

Forty seconds before the start, both boats are on starboard tack approaching the committee boat, which is surrounded by navigable water. W tries to fit between L and the committee boat. L holds her close-hauled course throughout and does not luff, and with W that close alongside she could not have luffed without immediately hitting her. W runs out of room, touches the committee boat, and does not take a penalty. W protests L for not giving her room.

You are on the protest committee.

How would you decide this?

Decide it cell by cell instead