Tell it to the judge? Heck, this Minnesota judge is filing suit himself

Thomas Wexler senses an injustice.

The Eden Prairie man has filed a class-action suit against a rental car company for making him pay $35 a day for a rental car, when he was promised a $30 rate.

Wexler is also a state judge, a part-time administrative law judge to be exact, after having served as a Hennepin County judge for 20 years.

How often does a judge take justice into his own hands? Bucky Zimmerman, an attorney and partner in Zimmerman Reed, a major local firm, said that in 30 years doing class-action cases, he's never heard of a sitting judge filing a class-action suit.

"I think it is somewhat unusual," said Zimmerman, "but I think someone who is sitting on the bench probably has a good perspective on what is right and what is wrong."

Wexler would not discuss the case, but he did say that he and his wife had flown to Las Vegas to attend the Barbershop Harmony Society's national convention, a five-day event.

"I was a barbershop singer for many years," Wexler said. "Our Minneapolis chorus, the Great Northern Union, was in the competition. I was particularly interested in their performance and, of course, in the competition."

According to his suit, he arrived at Firefly Car Rental on July 1, expecting to pick up a $30-a-day rental car but was told by an attendant at the counter that it had no economy cars available, and he'd have to wait for about an hour before one arrived, or accept a larger vehicle at an additional charge of $5 a day.

He alleged he overheard "a similar discussion with another renter," indicating to him that "many customers were subject to similar circumstances."

Wexler agreed to pay the larger sum "under protest," he wrote, bringing his six-day rental to $175.73, instead of $136.10.

When he returned the car on July 6, he wrote that the Firefly manager on duty refused to honor the first reservation price. He contacted CarRentals.com through which he booked the car, but says no one responded.

Wexler wrote that "the size of individual claims suggest that a class action is superior for the fair and efficient administration of justice."

He filed suit against Firefly and CarRentals.com in Hennepin County District Court on July 24, and the case was moved last Friday to federal court by Firefly.

Firefly describes itself as a "deep-value" rental car company wholly owned by Hertz, according to Rich Broome, a Hertz spokesman. Firefly has 45 locations in Europe and about 25 locations in the United States, but none in Minnesota.

Broome would not discuss Wexler's suit. "We never ever comment on pending litigation," he said.

In an interview, Wexler played down his judicial title, saying he has a private law practice — operated out of his house — and is "a contract judge." Yet as a part-time judge, Wexler has a Web page devoted to him on the state Office of Administrative Hearings website that includes his photo and biography.

He said the case is proceeding. "We're having some settlement discussions and hopefully the matter is going to be settled."

Far from considering it petty to sue over a $5 per day additional charge, Joseph Daly, professor emeritus of law at Hamline University, praised Wexler for filing the suit.

"I would not do it," Daly added. "I don't want to take years and spend a lot of my money and maybe I will win and maybe I won't. But I admire someone who thinks they were wronged and does something about it."

Randy Furst • 612-673-4224