To the finish

Here is my scenario.  After rounding the final mark and going for the finish line, two boats are at close hauled on a starboard tack to make it to the close side of the finish (comity boat).  There is no over lap and the second boat is slightly to leeward.  Due to the bad wind and desire to pass, the second boat bears off for the far side of the finish line.  In doing so the second boat picks up speed and becomes overlapped with the first.  The first boat bears off to cover the second.  The two boats become straight abeam of each other and about 3-4 feet apart.  The first boat continuously sails further off the wind so that the second boat will not make the finish line without having to tack and being so close to the other boat had no room to tack.  In the end the first boat had to fetch the finish line mark to make it around.  Is the first boat being to windward allowed to do this?  Can the second boat demand room at the mark as they approach the finish?

Thanks for the feedback.

HR25