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The thing about Flash is that it doesn't degrade gracefully. With those JavaScript menus, if you take away the JS all you lose is the funky animation. If you also take away the CSS, you're still left with a perfectly usable list of links. But if a user doesn't have Flash (because she is using a mobile browser, because she's using a screenreader, because she's masochistically using Lynx, or because she's not a she at all, but a search engine spider) then she is left with nothing.
Now there are ways to ameliorate this, such as providing a second HTML menu somewhere (which, as hartofalyon pointed out, you do do on all pages except the home), but my own preference would always be to use CSS / JS when I can achieve a similar effect that way.
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