I hear ya, but it still sounds like either a) the restaurant owner asked for this, or b) the web designer implemented a poor choice of technology for this specific application or c) the web designer implemented the proper technology but coded it improperly. Either way it's not the fault of Flash itself, but rather the implementation or the owners request. You see it's not like I'm fighting FOR flash, I could care less, I just want to see the internet as it was designed to be seen with its flaws. I'm sure there are poor HTML5 implementations, of course there are no one is perfect, but we don't take one of those poor examples as an all inclusive massive generalization of HTML5.
I hear what you are saying, and perhaps once html5 gets more widespread, I'd be complaining about horrible implementations of html5 too. I mean, even plain html can be implemented badly, like some websites with dark backgrounds with flashing neon-colored fonts that really kill my eyes.
I still can't help but suspect that flash makes website designers and people who commission websites too trigger happy with website animations. It makes animations so easy to implement that people use them without consideration to whether it's really appropriate for their content. It's just that, apart from delivering straight video content, and some photography sites where flash is used to present nice photo slideshows, I've hardly ever seen flash used in a way that added to my experience of a website. As you say, that might not be a fault of the flash technology itself, but when so many websites use it badly, I've got to ask if there's something inherent in the technology that makes it easier to abuse it.