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