I've heard friends in the business make the same complaint, but the problem is no one tell this to the customers. "Open" means "open" to the rest of the world. Only kitchen staff have this "we're not really open when we're open" concept. I avoid going to restaurants that are closing, but most people have no clue.
Discussion
The list of restaurants I go to have been decreasing steadily over the last few years. Fast food especially though. I don't know how people live on it. I can't stand the feeling when my foods wrong for the 3rd restaurant visit in a row.
I think they are telling people though. Their telling them they're open with the sign on the door.