For using BEM? You're completely right, nobody would get dragged into court for that.
For blindly copying 99%+ of thje ttorials and examples that rely on it, where EVERYTHING -- even headings -- are DIV so there's no alternative navitgation, anchors just slopped into NAV, etc, etc? Then yes.
It teaches bad habits that lead to non-semantic markup... and if one were using HTML properly one quickly finds that BEM becomes utterly and pointlessly redundant.
It seems to be a task compelxity mismatch at best, a "wah wah, eye dunz wunna lurn teh HTML" at worst.
This page ALONE:
Should make any competent HTML / CSS developer recoil in horror.
The moment you see something like this:
class="block block--size-big block--shadow-yes"
Run… just… run.