It really depends upon the place. At a nice restaurant, you pretty much want them to have the menu correct as you want attention to detail. That said, at an ethnic place they can spell it however they want and I won't care. Their grasp of English is going to be a lot better than my grasp of their language and their foreign-ness is why I'm there. Also, at a lower end restaurant, I'm less concerned with the spelling and more with the quality. I used to go to a diner type place that had "Pancakes" on the menu. We used to joke that quotes around it meant that it really could be anything and not pancakes.

"I would NEVER eat anyplace that uses "Tomoto" instead of "Tomato""

Same goes with how they say it. I would never go to a place that said, "tomato" instead of "tomato", but that's just me.