Quote from ‘Chapman’s Piloting and Seamanship and Small Boat Handling’ page 75..
In general, a sailing vessel has the right-of-way over a vessel propelled by machinery or by sail and machinery concurrently. The power vessel must keep out of the way of the sailing vessel. There are however, some exceptions and they should be thoroughly understood.
Should a sailing vessel overtake a power vessel-not likely, but possible-the overtaking situation rule prevails and the sailing vessel is the burdened one regardless of means of propulsion.
Likewise, a sailing vessel is not the privileged vessel in an encounter with certain vessels engaged in fishing.
The normal privileged status of a sailing vessel does not give her the right in a narrow channel to hamper the latter vessel if such can navigate safely only within the limits of the channel…….
Paraphrasing further..
The privileged vessel must take necessary action to avoid a collision.....
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So, while technically the sailing vessel has the right-of way, the privileged vessel must take whatever action to avoid a collision.
That holds for any right-of-way dispute. You see it in the America’s Cup often.
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After I wrote this it was pointed out that since the festival served alcohol concealed carry was not an option. That sheds a different light on his actions.
NC carry laws wouldn’t allow me to even if I wanted.
U.S. Department of Homeland Security
before you go out sailing in Chesapeake Bay, crossing the bow of a tanker, thinking you have the right-of-way because you are under sail.