The future of the Jewish Cultural Festival remains in limbo after the West Tisbury select board this week declined to allow more people at the event. 

The board voted Wednesday to deny Chabad on the Vineyard’s request to reopen its permit application for the August festival. Chabad on the Vineyard had hoped to host 800 attendees at a private property on Edgartown-West Tisbury Road, applying for a permit in January. But the board capped the event at 300 people, citing concerns about an event of that size being held on a residentially-zoned property.  

On Wednesday, select board chair Jessica Miller said the town’s attorney advised the board to not reopen the application. 

“We did receive numerous letters in support of us reconsidering the application, but it’s not a popularity contest,” she said. “It’s really a question of process, and if we have followed process, and [town] counsel advises that we have.” 

Ms. Miller and board member Jeffrey (Skipper) Manter voted to deny the request; vice chair Cynthia Mitchell abstained.  

The event, which celebrates Jewish culture with food and music, raised concerns last year after Chabad on the Vineyard had more people than were allowed by the town. Rabbi Tzvi Alperowitz later apologized for the violation, but said that the lack of problems at the event showed that Chabad could handle a larger festival.

When considering the application this year, the select board worried that approving an event of this size in a residential part of town would set a bad precedent.

Marilyn Vukota, an attorney representing Chabad at Wednesday’s meeting, criticized the board’s initial decision, saying it was a violation of the U.S. Constitution. 

“No more than 300 people are allowed on the site at any one time unreasonably restricts and burdens the rights of the First Amendment and Fourth Amendment,” she said. 

Dozens of letters were sent to the town in favor of Chabad on the Vineyard's request, and members of the public stood up in support at Wednesday's meeting. Bob Deresiewicz, who attended Wednesday's meeting, questioned how precedence factored into the decision. 

“Precedent is something that should be dealt with on a case-by-case basis, looking at things like safety and public health,” he said.

Mr. Alperowitz previously said that only allowing 300 attendees would not be feasible, and that Chabad would look at the possibility of other venues. After the board’s decision on Wednesday, he sent an email out to members of the congregation saying that Chabad would continue to work on how to proceed with the event this year. 

“Unfortunately, the incredible display of public support didn’t cause the town to budge, but your support means so much to me and I deeply appreciate it,” he wrote.