I certainly agree there are some disadvantages with pure JS solutions. Actually i, for myself, use NoScript and, by default, block scripting and flash thingies
Mobile web, however, is not an issue, as i see it, since this theme doesn't seem fit for mobile web (due to its large fixed width). That said, i don't have a web-enabled mobile device (or at least it is not really usable as a web client) so i don't realize how profound the issue really is (actually i think it should run on smartphones - those smart enough to embed a real browser).
The next theme i started implementing is a pure JS as well, but i'll see if i can make it degrade gracefully.
Concerning the theme section entry, if you think this theme doesn't qualify for it, it's ok by me. I don't really mind, especially since i think there may be usability issues due to its weight.
Regards