Just because most are not, does not mean that this is not being monetized by some unscrupulous people. In the city where I live, there are law firms where this is their business model. They'll go into a bathroom and carefully measure it. Any reasonable person would say it is accessible, but because it doesn't 100% correspond to the ada standards that came out later they get to sue and make money.
http://www.wendel.com/knowledge-center/publications/older/no...