My natural inclination was to say “so hamburger menus can be implemented badly, but they can also be implemented properly so this is no reason to advise against

My natural inclination was to say “so hamburger menus can be implemented badly, but they can also be implemented properly so this is no reason to advise against hamburger menus as a whole”. But I think it’s also worth remembering that patterns matter, and if almost everyone gets something wrong, it’s small consolation that it was an unforced error. If a different pattern is similarly acceptable and done badly far less often, pragmatism suggests pushing the alternative, because the average result will be better. When I use hamburger menus on regular web pages, I implement them so that they’re entirely adequately accessible, and work with no JavaScript. (Depending on the situation, I’ll either use <details> or a checkbox hack with reasonable labels and such, and I may enhance things with a small snippet of JavaScript.) But I lack faith in almost anyone else’s implementations. I would note also that the ARIA example you link to fails one of the criteria of this article: JavaScript-free operation. It’s also only suitable for some sorts of hamburger menus; it’s unlikely to be a suitable pattern for website header navigation menus, which are really more a navigation palette than a menu (to use very fuzzy terms!), and which are the main focus of this article.