I explain in elementary terms why the critique of Hess and Philipp in Section 3.2 of quant-ph/0103028 fails to invalidate the nontechnical version of Bell's theorem I gave twenty years ago, involving two detectors with 3-pole switches and red and green lights.
A recent Letter by Hess and Philipp claims that Bell's theorem neglects the possibility of time-like dependence in local hidden variables, hence is not conclusive. Moreover the authors claim that they have constructed, in an earlier paper, a local realistic model of the EPR correlations. However, they themselves have neglected the experimenter's freedom to choose settings, while on the other hand, Bell's theorem can be formulated to cope with time-like dependence. This in itself proves that their toy model cannot satisfy local realism, but we also indicate where their proof of its local realistic nature fails.
Hess and Philipp recently claimed [(2001) Proc. Natl. Acad. Sci. USA 98, 14224-14227 and 14228-14233] that proofs of Bell's theorem have overlooked the possibility of time dependence in local hidden variables, hence the theorem has not been proven true. Moreover they present what is claimed to be a local realistic model of the EPR correlations. If this is true then Bell's theorem is not just unproven, but false. We refute both claims. First, we explain why time is not an issue in Bell's theorem, and second, we show that their hidden variables model violates Einstein separability. Hess and Philipp have overlooked the freedom of the experimenter to choose settings of a measurement apparatus at will: any setting could be in force during the same time period.