Because a) they randomly toggle your setting back, and don’t respect it at all on mobile, and b) features are slowly breaking on the old UI as well: gallery links not working, the “report” button taking seconds to load and then having a modal that breaks interoperability and hijacks Esc.
I hate squarespace with a passion for this. I'll be loading a forum or other page and hit esc to stop the page from loading. It works--but a few seconds later, it prompts me to log into the CMS/management.
As far as modals go, I actively want modals to respond to esc. I don't want to have to reach for my mouse to close a pop-up. Modal popups are the only thing that should hijack esc.