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In a sequence of papers, Marian Kupczynski has argued that Bell's theorem canbe circumvented if one takes correct account of contextual setting-dependentparameters describing measuring instruments. We show that this is not true.Despite first appearances, Kupczynksi's concept of a contextual locally causalprobabilistic model is mathematically a special case of a Bell local hiddenvariables model. Thus, even if one takes account of contextuality in the way hesuggests, the Bell-CHSH inequality can still be derived. Violation thereof byquantum mechanics cannot be easily explained away: quantum mechanics and localrealism (including Kupczynski's claimed enlargement of the concept) are notcompatible with one another. Further inspection shows that Kupczynski isactually falling back on the detection loophole. Since 2015, numerousloophole-free experiments have been performed, in which the Bell-CHSHinequality is violated, so despite any other possible imperfections of suchexperiments, Kupczynski's escape route for local realism is not available

Kupczynski's Contextual Locally Causal Probabilistic Models are constrained by Bell's theorem