It's a double edged sword. The 9th is saying one thing in denying a legitimate business from conducting that business on possibly the only venue large enough, and still saying 'sure, the 2nd is incorporated'
Now, if the show operator appeals to the SCOTUS for relief, one of few things happen. The SCOTUS agrees to hear arguments, defers it, or overturns the 9th Circuit.
It's possible under the overturn to keep the incorporation, but generally, the 9th has lost out almost everytime a case has made it to the SCOTUS.
I'll wait and see what the next step in the process is before I get too excited.