I assume it is just the theme in general since it is very advanced.
Im not knocking Brian's work when I say this: An advanced theme, even a very advanced theme wouldnt rely on JS so much that the site is virtually unusable without it being enabled.
In other words, thats a flaw in your thinking :)
An 'advanced' theme would be taking that into account. With the ease with which JS can be disabled now, its almost a necessity that that possibility be taken into account.
Again, Im not knocking Brians work; I think he's very talented. I do see that as a severe shortcoming though, especially since it's a theme that being used on sites that have commercial interests.
You have to weigh whats important to you, and make your own decisions.
Ive recently started on a V3 of my own site -- one of the 'things' Ive cast aside is my strict adherence to making sure that the site has no horizontal scrollbars when viewed at 800x600. For me, someone who doesn't like fluid layouts all that much, thats always limited my available space.
This time 'round, Im moving on up, and being sort of rebellious about it. But, I also know my traffic, and I have no commercial aspirations.
Even then, the disabling of JS for some folks, is a security issue, more than anything else.
Given the amount of webmasters that arent aware of the 'crap' thats been added to their sites ( see countless posts on here to prove that out ) -- "the web just cant be trusted". Marry that fact with the countless sites that deploy JS for ads..
A rant, I know, but know that I am not alone. A lot of my friends surf just like me -- JS disabled, until there is absolutely positively something on a site that they must see.