Horny Eyeballs. Hah. ;-)
But seriously, the way the ai disclosure currently works for users to filter with, is with tags. Read the announcement. https://itch.freezing.top/t/4309690/generative-ai-disclosure-tagging
This here is an automatic tag: https://itch.freezing.top/games/tag-ai-generated-graphics It does not appear on the tag list on such games. Unless someone chose it manually.
So yes, no-ai was used before and very likely currently by developers. But it is also given automatically by the disclosure. And the way I understand it, it should only be visible if manually chosen.